Florida Will Formalities and Holographic Wills

What is a holographic will according to Florida law ? An estate lawyer can tell you that a holographic will is, generally, a handwritten and unwitnessed Last Will and Testament. Probate judges do not accept holographic wills in Florida. Is there an exception? Yes, it is called reciprocity. Ask your probate attorney about reciprocity. Florida Statute 732.502 specifically says that holographic wills are not accepted because they are not properly executed. EVERY valid Florida will must be in writing and be executed according to Florida Statute 732.502. Holographic wills almost never meet Florida’s will execution requirements. To learn more, read Florida Statute 732.502 in its entirety below.
Florida Statute 732.502:

“732.502 Execution of wills.—Every will must be in writing and executed as follows:
(1)(a) Testator’s signature.—
1. The testator must sign the will at the end; or
2. The testator’s name must be subscribed at the end of the will by some other person in the testator’s presence and by the testator’s direction.
(b) Witnesses.—The testator’s:
1. Signing, or
2. Acknowledgment:
a. That he or she has previously signed the will, or
b. That another person has subscribed the testator’s name to it,
must be in the presence of at least two attesting witnesses.
(c) Witnesses’ signatures.—The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.
(2) Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator’s handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will.
(3) Any will executed as a military testamentary instrument in accordance with 10 U.S.C. s. 1044d, Chapter 53, by a person who is eligible for military legal assistance is valid as a will in this state.
(4) No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law.
(5) A codicil shall be executed with the same formalities as a will.”