What are the legal requirements for creating a Will in Florida?

In Florida, to create a valid Will you, the testator, must execute a signed writing in front of two witnesses.

When executing the Will, the testator must have testamentary capacity. This means that you must understand the following three things:

  • Nature and extent of your bounty (what assets you own).
  • Nature and extent of your takers or beneficiaries (who will inherit the assets).
  • Nature and extent of your disposition (that you understand and fully intend to give the gifts that you are giving to your beneficiaries).

While Florida does not require that a Will be notarized, it is strongly recommended. A properly executed self-proving affidavit will circumvent the need for a witness to appear at the courthouse when you die (to sign an Oath of Witness).