Florida Will Signing

If a Florida will was not signed properly–or not signed by the person and witnesses in the proper order– it is not valid. What do you need to know about a Florida will signing? Well, many heirs and family members often have questions about a will challenge. Knowing how to make a claim is super important. In some cases, you may have less than 3 months to object to a will. Let’s talk about the legal requirements for a valid Florida will signing. For a free video on objecting to a will, CLICK HERE.

Florida Legal Requirements

For a will to be valid in Florida, most probate lawyers know the rules. Here they are in a nutshell:

The person must sign the will in front of two witnesses, who likewise sign the will in front of the person and each other. The will must be signed at the end.

And that’s it !

Or, you could simply read Florida Probate Statute 732.502. That law is the law for how to sign a will. (For a free Florida probate video on over-turning a will, click HERE.)

Don’t Forget the Self-Proving Affidavit

But, how do you prove that this was done?

Well, most probate lawyers have a self proving affidavit. Florida Probate Law 732.503 even gives you the form. The self proving affidavit includes a statement from the notary that the person and the witnesses actually signed the will in the notary’s presence. What’s the big deal with the Florida self-proving affidavit?

If you don’t have one, then you have to jump through the probate court laws about proving the will. This typically means that you have to locate the witnesses and get some testimony.

To read about “electronic” signing of a will, read the relatively new law Florida Statute 732.522 .

What Do the Courts Say?

Here is an important appellate court decision from Florida‘s 1st District Court of Appeal. One of the best ways to learn about a Florida Will Signing is to see what our judges say about that law. You can read an opinion on this topic for free simply by clicking THIS LINK.