A will is only as good as its execution. Florida's probate courts see a steady stream of disputes arising from wills that were improperly signed, witnessed incorrectly, or notarized after the fact. Understanding the requirements before you sign prevents those problems entirely.
Florida Will Execution Requirements
Under Florida Statute 732.502, a valid Florida will must be:
- In writing (typed or handwritten)
- Signed by the testator (the person making the will) at the end of the document
- Signed in the presence of two witnesses who are physically present at the same time
- Signed by both witnesses in the presence of the testator and each other
Notarization is not required for a Florida will to be valid. However, including a self-proving affidavit: a notarized statement by the testator and witnesses: is strongly recommended.
Why Add a Self-Proving Affidavit?
A self-proving affidavit, executed before a notary at the time of signing, allows the will to be admitted to probate without requiring the witnesses to appear in court to verify their signatures. In practice, witnesses may be difficult to locate years later, or may have died. A self-proving will eliminates that problem and significantly streamlines the probate process for your heirs.
A self-proving affidavit must be executed at the same time as the will itself, not added afterward. If your existing will does not have one, you cannot simply add a notarized page. The will should be re-executed with witnesses and notary present.
Common Mistakes That Invalidate Florida Wills
- Witnesses who are also beneficiaries (creates a presumption of undue influence)
- Signing out of order: the testator must sign before the witnesses
- Witnesses not physically present at the moment of signing
- Signing only the last page without initialing all other pages (not legally required, but creates dispute risk)
- Using an online template without adapting it to Florida-specific requirements
Our Role in Will Execution
Gulf Coast Notary Pros facilitates the notarization of the self-proving affidavit. We do not draft wills or provide legal advice, that is your attorney's role. Once the will and affidavit are prepared, we provide a properly credentialed notary who verifies identities, witnesses signatures alongside your two required witnesses, and completes the notarial certificate correctly.