Florida Will Execution Requirements

Jacksonville, Duval, Ponte Vedra, Jacksonville beach, orange parkThe Florida Statute, Section 732.502 define the requirements for a valid execution of a Florida Will. You should have your will reviewed if you move to another state, marry, divorce, have children, or any major change affects your finances, or family.

In addition to being in writing, the will must include the testator’s signature at the end of the will. If the person creating the will is unable to sign, they can ask someone else to sign for them at their direction, while in the testator’s presence.

Two witnesses must acknowledge the will was signed in their presence of the testator and in the presence of each other.

Some states other than Florida require the the witnesses not be mentioned in the will as beneficiaries or they will be considered an interested witness. Florida does not have such a requirement (Florida Statute, Section 732.504), but it is best to use witnesses who are not mentioned in the will. It is a good idea to have a Florida Estate Planning Attorney review your will at least once a year.

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