How to Make a Valid Will in Florida: A Miami Checklist

A will is the foundation of most estate plans, but Florida is strict about how one must be signed. A document that reads like a perfect will is worthless if it fails the formalities in section 732.502 of the Florida Probate Code. Use this Miami-focused checklist to make sure yours holds up.

Step 1: Make Sure You Are Legally Eligible

To make a will in Florida you must be at least 18 (or an emancipated minor) and of sound mind. “Sound mind” means you understand what you own, who your natural heirs are, and what the will does. If capacity is ever in question, a Miami attorney can document it to head off a later challenge.

Step 2: Put It in Writing

Florida does not recognize oral wills, and it does not recognize handwritten (holographic) wills unless they are executed with the same witnesses as a typed will. A note in your own handwriting, signed but unwitnessed, is not valid in Florida no matter how clear your intentions are.

Step 3: Sign at the End

You must sign the will at the end of the document, or have someone sign your name at your direction and in your presence. Signing only the first page or initialing in the margin is not enough. The signature at the end is what the law treats as execution.

Step 4: Use Two Witnesses

Two witnesses must sign the will in your presence and in the presence of each other. This “all in the same room” requirement trips up many DIY wills. In Miami, gathering yourself, two witnesses, and a notary at one table at the same time is the safest approach.

Step 5: Add a Self-Proving Affidavit

Florida lets you attach a self-proving affidavit, signed by you and the witnesses before a notary. This is optional but strongly recommended. With it, the court can admit the will to probate without tracking down your witnesses years later, which saves your Miami-Dade personal representative time and money.

Step 6: Respect Florida Homestead Rules

Your Florida homestead, often the family’s most valuable asset, cannot always be left freely by will. If you are survived by a spouse or minor child, the Florida Constitution (Article X, Section 4) restricts how you can devise the home. A will that ignores these rules can be partly overridden, so address the homestead deliberately.

Step 7: Account for Your Spouse’s Elective Share

Florida gives a surviving spouse a right to an elective share, generally 30% of the elective estate, under section 732.2065 and the sections that follow. You cannot simply disinherit a spouse with a will. If your plan reduces a spouse’s inheritance, your attorney should coordinate it with the elective share and any prenuptial agreement.

Step 8: Name Key Players and Store It Safely

Name a personal representative (and a backup) and, if you have minor children, a guardian. Florida limits who can serve as a personal representative, so confirm your choice qualifies. Keep the original signed will in a safe place; Florida probate generally requires the original, not a copy. Note that Florida also offers a low-cost option to deposit your original will with the clerk of court.

Talk to a Florida Attorney

The good news is that Florida’s will requirements are clear once you know them; the bad news is that small errors void the whole document. A Miami estate planning attorney licensed in Florida can make sure your will is executed correctly and works alongside homestead and elective share rules. A brief consultation is worth the peace of mind.