✍️ Sarah Mitchell
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⚖️ Legally reviewed by James Hartley, J.D.
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Last reviewed: May 2026
Affiliate Disclosure: Law-Trust.com may earn a commission when you click links to Trust & Will on this page, at no extra cost to you. Our rankings are editorially independent and not influenced by affiliate relationships. This article is for informational purposes only and does not constitute legal advice.
Florida is one of the most estate-planning-conscious states in the US — and for good reason. With a large retiree population, significant real estate values, and a formal probate requirement for many estates, Florida residents have strong reasons to get their affairs in order. The good news: making a legally valid will online in Florida is straightforward and affordable, and the major online services fully support Florida's specific requirements.
There's one important Florida-specific rule every resident must know: Florida does not recognize holographic wills. Unlike most other states, a handwritten will without witnesses is completely invalid under Florida law. This makes proper execution — using an online service that generates a correctly formatted, witnessed document — essential. This guide covers everything Florida residents need to know.
Is an Online Will Legal in Florida?
Yes — online wills are fully legal in Florida when executed according to state law. Florida has specific statutory requirements, and reputable online will services are designed to meet all of them.
Under Florida Statutes § 732.502, a valid Florida will must be in writing, signed by the testator at the end, and signed by two or more witnesses in the testator's presence. The witnesses must sign in the presence of the testator and in the presence of each other.
Notarization is not required for a Florida will to be valid. However, a self-proving affidavit under Florida Statutes § 732.503 — signed before a notary — allows the will to be admitted to probate without witnesses needing to appear in court. Most quality online services include or prompt you to complete this affidavit.
⚠️ Florida Warning: No Holographic Wills. Unlike most US states, Florida does NOT recognize holographic (entirely handwritten) wills. A handwritten will with no witnesses is completely invalid in Florida regardless of how clearly it expresses your wishes. Always use a properly witnessed will.
Florida Will Requirements Checklist
✔ Florida Legal Will Requirements
- You are at least 18 years old (or an emancipated minor)
- You are of sound mind at the time of signing
- The will is in writing (typed or printed)
- You sign the will at the end of the document
- Two witnesses sign in your presence and in each other's presence
- Notarization is NOT required — but a self-proving affidavit with a notary is strongly recommended
- Holographic (handwritten) wills are NOT valid in Florida — witnesses are always required
- Witnesses should be disinterested parties (not beneficiaries)
Best Online Will Services for Florida Residents
We tested all major services with Florida-specific scenarios — retirees with significant assets, blended families, out-of-state property, and the formal probate threshold. Here's our assessment:
Best overall for Florida residents — clean guided process, proper Florida execution requirements, living trust option
Will plan from
$199
Florida-Specific Documents
Self-Proving Affidavit Included
Living Trust Available
Free Updates
Witness Instructions Provided
Trust & Will is our top pick for Florida because it generates properly formatted Florida documents with clear execution instructions, includes the self-proving affidavit, and offers the trust plan option — important for Florida residents who want to avoid the formal probate process. The guided questionnaire takes 20–35 minutes.
✅ Pros
- Clear witness instructions
- Self-proving affidavit included
- Trust option available
- Free lifetime updates
❌ Cons
- Higher upfront cost
- No attorney consultations included
Start Your Florida Will at Trust & Will →
Good option for Florida residents who want attorney access alongside estate planning documents
Will plan from
$89
All Florida Documents
Attorney Network
25+ Years Trusted
LegalZoom produces valid Florida wills and is particularly useful if you want to consult an attorney about specific Florida estate planning questions — such as homestead rights, Medicaid planning, or complex family situations.
✅ Pros
- Attorney access via subscription
- Comprehensive document library
- Trusted brand
❌ Cons
- Aggressive upsells
- Updates cost extra
- Less intuitive interface
Visit LegalZoom →
Best for budget-conscious Florida residents who need a basic will quickly
Plan from
$9.95/mo
Very Low Cost
Florida Templates
Quick Completion
LawDepot produces valid Florida wills at the lowest price. Best for simple, straightforward estates. Verify the generated document meets Florida's signature and witness requirements before finalizing.
✅ Pros
- Lowest cost option
- Fast to complete
- Florida-compliant documents
❌ Cons
- Subscription model
- Less guided experience
- Limited estate planning depth
Visit LawDepot →
How Much Does an Online Will Cost in Florida?
| Option | Cost | What's Included |
|---|
| Trust & Will (Will Plan) | $199 | Will, POA, healthcare directive, free updates |
| Trust & Will (Trust Plan) | $399 | Living trust, pour-over will, all directives |
| LegalZoom (Basic Will) | $89–$179 | Will; directives sold separately |
| LawDepot | $9.95/mo | Will and basic documents while subscribed |
| Florida Estate Attorney (Will) | $1,200–$2,500 | Custom documents with legal counsel |
| Florida Attorney (Trust Package) | $2,000–$4,500 | Full trust package with attorney |
Online services save Florida residents $1,000–$2,300+ compared to attorney fees for a basic will package. For most straightforward Florida estates, this is money well saved.
Florida-Specific Considerations
Florida Is NOT a Community Property State
Unlike Texas and California, Florida is not a community property state. Florida uses equitable distribution principles, primarily relevant in divorce. For estate planning, each spouse owns whatever is in their name. There's no automatic 50/50 marital property split. You can leave your individually owned assets to anyone in your will — your spouse does not have an automatic claim to everything.
However, Florida does have elective share rights for surviving spouses: under Florida Statutes § 732.2065, a surviving spouse is entitled to 30% of the elective estate if they are left less than that amount in the will. You cannot completely disinherit a spouse in Florida.
Florida Probate: Formal Administration Required
Florida requires formal administration for estates with probate assets over $75,000. This is a court-supervised process handled by the Circuit Court and typically takes 6–12+ months. Florida also allows summary administration for smaller estates (under $75,000, or when the decedent has been dead for more than 2 years).
Assets that pass outside of probate — life insurance, retirement accounts with beneficiary designations, jointly owned property, and assets in a living trust — avoid this process entirely. This is why many Florida residents opt for a living trust, especially retirees with significant real estate or investment accounts.
Florida Homestead Rights
Florida has strong homestead protection laws. Your primary residence is protected from creditors, and there are specific rules about leaving your homestead to beneficiaries. If you have a spouse or minor children, you cannot leave your homestead to someone else — it must pass to your spouse (with children receiving a remainder interest, or vice versa). This can affect estate planning for second marriages and blended families.
No Florida State Estate Tax
Florida has no state estate tax — one of many reasons the state attracts retirees and high-net-worth individuals. Only the federal estate tax applies, with a 2026 exemption of $13.61 million per person.
Step-by-Step: How to Make a Will in Florida Online
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1
Choose your service Select Trust & Will, LegalZoom, or LawDepot. For most Florida residents — especially those with real estate or significant assets — we recommend Trust & Will for its Florida-specific execution instructions and trust option.
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2
Complete the questionnaire Answer questions about your assets, family situation, executor, and beneficiaries. Florida-specific topics will include whether you have a homestead property, blended family considerations, and whether you want to include a living trust. Takes 20–40 minutes.
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3
Review and download your documents Carefully review the generated will and the self-proving affidavit. Confirm all names and beneficiary designations are correct. Do not skip the review step — errors in a will can cause probate complications.
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Sign in front of two witnesses and a notary Print the will and sign at the end in the presence of two witnesses and a notary. All parties sign the self-proving affidavit before the notary. Both witnesses must sign in your presence and in each other's presence. This step is legally required in Florida — do not skip the witnesses.
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Store safely and inform your executor Keep the original in a fireproof safe, safe deposit box, or with your attorney. Give your executor a copy. Update your will after any major life change — marriage, divorce, new children, significant asset changes, or relocation to a new state.
Ready to Make Your Florida Will?
Trust & Will is our top pick for Florida residents — correct execution requirements, living trust option, and free lifetime updates.
Start Your Florida Will at Trust & Will →
Frequently Asked Questions
Is an online will legal in Florida?
Yes. Online wills are fully legal in Florida under Florida Statutes § 732.502, provided they are in writing, signed by the testator at the end, and witnessed by two people in the testator's presence. Both witnesses must also sign in each other's presence. Notarization is not required, though a self-proving affidavit is strongly recommended.
Does Florida recognize holographic wills?
No. Florida does NOT recognize holographic wills. A handwritten will without witnesses is completely invalid in Florida, regardless of how clearly it expresses your intentions. Two witnesses are always required. This is a critical difference from most other US states and makes using a proper online will service essential for Florida residents.
How many witnesses does a Florida will require?
Florida requires two witnesses who sign in the testator's presence and in each other's presence. It's best practice to use disinterested witnesses (non-beneficiaries) to avoid any potential challenge to the will.
Does a Florida will need to be notarized?
No — notarization is not required for validity. However, a self-proving affidavit signed before a notary under Florida Statutes § 732.503 is highly recommended. It allows the will to be admitted to probate without requiring witnesses to testify in court, saving significant time and cost.
What triggers probate in Florida?
Florida requires formal probate administration for estates with probate assets exceeding $75,000. Estates below this threshold may use simplified summary administration. Assets passing by beneficiary designation, joint tenancy, or living trust avoid probate entirely — making trusts attractive for Florida property owners.
Is Florida a community property state?
No. Florida uses equitable distribution principles but is not a community property state. Each spouse generally owns what is titled in their name. However, Florida does have elective share rights that prevent a spouse from being entirely disinherited — a surviving spouse is entitled to 30% of the elective estate.
Does Florida have a state estate tax?
No. Florida has no state estate tax. Only the federal estate tax applies, with an exemption of $13.61 million per individual in 2026. This is one reason Florida is a popular retirement destination for high-net-worth individuals.
How much does an online will cost in Florida?
Online will services for Florida residents typically cost $89–$199 for a complete will package. Trust & Will's individual will plan is $199 and includes a power of attorney, healthcare directive, and free updates. Florida estate planning attorneys typically charge $1,200–$2,500 for a comparable package.