Quick Red Summary (TLDR)

Florida law requires strict adherence to specific signing and witnessing formalities, such as the testator and two witnesses signing in each other’s presence, to avoid an improperly executed will.
Even if a person’s final wishes are clear, Florida courts will invalidate a will that fails to meet these technical requirements, as seen in cases where incomplete signatures or improper timing occurred.
While notarization is not mandatory for a will’s validity, a properly notarized “self-proving” affidavit speeds up probate by removing the need for witness testimony in court.
If a will is declared invalid, the estate is distributed according to Florida’s intestacy laws, which may result in an outcome that does not reflect the deceased’s actual intentions.

Call us at South Florida Law for legal advice by calling (954) 900-8885 or by reaching out via our contact form.

A last will and testament is one of the most important documents a person can create. It records final wishes and directs how assets will pass to loved ones after death. However, Florida law imposes strict requirements on how a will must be signed and witnessed. When those requirements are not met, an improperly executed will can be declared invalid, leaving a family to navigate probate as though no will ever existed.

Florida’s Will Signing and Witnessing Requirements

Under Florida Statutes Section 732.502, every will must be in writing and executed according to specific formalities. The testator, meaning the person creating the will, must sign the document at the end. If the testator is physically unable to sign, another person may do so on the testator’s behalf, but only in the testator’s presence and at the testator’s direction. The signing must also take place in the presence of at least two attesting witnesses, and those witnesses must sign the will in the presence of both the testator and each other. A will is not valid if the testator signs on one day and the witnesses sign on another, or if the witnesses sign separately.

What Strict Compliance Means in Practice

Florida courts have made it clear that strict compliance with Florida Statutes Section 732.502 is required. Even when a testator’s intent is obvious, the will can only be enforced if it was properly executed. The case of Bitetzakis v. Bitetzakis illustrates this point. A Florida man attempted to execute a do-it-yourself will at his kitchen table with two witnesses. The witnesses signed, and the testator began to sign his name but stopped after writing only his first name when his wife interrupted, mistakenly believing notarization was required before the will could be completed.

The following day, the couple visited a notary to sign a self-proof affidavit, but they did not bring the original will, and the witnesses were not present. When the testator passed away years later, his daughter challenged the will. Although a lower court initially admitted it to probate, the Florida District Court of Appeal reversed that decision. Because the testator had not completed his customary signature, the will did not meet the requirements of Section 732.502 and was invalid. The estate was distributed under Florida’s intestacy laws, completely disregarding the testator’s wishes.

Notarization Problems Can Lead to an Improperly Executed Will

While Florida law does not require a will to be notarized to be valid, notarization plays an important role in probate. A notarized will that includes proper affidavit language is considered “self-proving,” meaning it can be admitted to probate without requiring one of the original witnesses to appear in court and testify. When a will is not self-proving, the probate court will require witness testimony to validate it. This additional step can delay proceedings and open the door to estate contests by creditors, disinherited heirs, or other interested parties. Problems can also arise if the notary was not properly authorized by the State of Florida or if the affidavit language does not meet statutory requirements.

“While Florida law does not require a will to be notarized to be valid, notarization plays an important role in probate.”

Consequences When a Florida Will Is Declared Invalid

When a will is declared invalid due to improper execution, the estate is treated as though the decedent died without a will. Florida’s intestacy laws, found in Chapter 732 of the Florida Statutes, then control how assets are distributed. A surviving spouse may receive the entire estate if there are no descendants, or the estate may be divided between the spouse and children depending on the family structure. The intestacy formula does not account for the decedent’s unique relationships or personal wishes, and it can produce results no one in the family intended. It is highly recommended that anyone concerned about the validity of a loved one’s will consult with an experienced Florida probate attorney.

Protect a Legacy with Experienced Florida Legal Guidance

Proper will execution may seem straightforward, but as Florida courts have shown, even small errors can lead to an improperly executed will. Whether a family is planning an estate or dealing with the aftermath of an improperly executed will, working with a knowledgeable attorney can make all the difference.

South Florida Law

South Florida Law offers the personalized attention of a boutique firm combined with the resources typically found at larger practices. With attorneys well-versed in Florida estate planning and probate law, we are equipped to guide families through complex estate matters.

Beware of do-it-yourself, or downloadable legal documents. You may end up with an improperly executed will or an incomplete document without the guidance of an experienced Florida estate planning attorney.

Call us at South Florida Law for legal advice by calling (954) 900-8885 or by reaching out via our contact form.