Are Oral, Handwritten, or Holographic Wills Valid in Florida?

There is often a lot of confusion about the validity of an oral, handwritten, or holographic will in Florida. Creating a will is emotionally difficult. When you add in confusion about what counts as a legitimate will, it can be overwhelming. Our team at Bucelo Diaz Law is here to help guide you through the process of making a will so you can have peace of mind that your final wishes will be carried out.

As a quick summary: Under Florida law, oral and holographic wills are not valid. Handwritten wills are valid, but only if they are signed by the testator (person making the will) and two witnesses.

In this blog, we will get into the specifics of Florida law around handwritten, holographic, and oral will validity. 

Why People Consider Using Oral or Handwritten Wills

As long-time estate-planning and probate attorneys, we have found that when someone asks us, Is a handwritten will legal in Florida? it is usually because they are considering waiting until the last second to create or change their will. 

We understand why many people are tempted to do this: Thinking about your final wishes for loved ones can be emotionally challenging. You might not want to think about what will happen once you are gone. Or maybe your relationships are changing, and you are having trouble deciding if those changes should be reflected in your will.

At Bucelo Diaz Law PLLC, we are experienced in helping clients through these challenging decisions. We can answer all your questions and create a tailored will that fits your unique situation. 

We know these decisions are tough, but waiting until the last second to create or change your will can make for even more heartache. The most significant gift you can give your loved ones is clarity and certainty around your final wishes. Let us help.

What You Need to Know About Oral Will Validity in Florida

Under Florida law, oral wills, also called “nuncupative” wills, are not valid under any circumstances. You can think of it this way: Florida law requires wills to be signed by the testator and witnesses. An oral will, by its nature, cannot be signed.

Even if an oral will is considered valid in another state, Florida will not recognize it once you become a resident here.

In other words, simply telling someone your wishes, even on your deathbed, is not enough to make those wishes legally enforceable.

A properly executed, written will is essential to protect your wishes and ensure your loved ones avoid unnecessary legal complications.

What You Need to Know About the Validity of a Handwritten or Holographic Will in Florida

A holographic will is a will that is handwritten and signed by the testator but not signed by witnesses. In Florida, holographic wills are not valid. However, a handwritten will can be valid if it meets the standard criteria for a will.

Proper execution of a will includes three parts:

• The will must be in writing (can be handwritten);
• The testator must sign it at the end; and
• Two witnesses must observe the testator signing the will (or acknowledging a previous signature) and then sign it themselves in the presence of the testator and each other.

Witnesses can be any competent person, including someone who is a beneficiary of the will.

Self-Proved Will

While simple witness signatures are enough for a will to be valid, it is common practice to go a step further. If you only have signatures on the document, a probate court might need to track down the witnesses to verify the will’s validity. A “self-proved” will can help eliminate this extra work. A self-proved will includes additional notarization and affidavits from witnesses.

Summary: Is a Handwritten Will Legal in Florida?

Yes, a handwritten will is legal in Florida, but only if it is properly executed with the testator’s signature and the signatures of two witnesses who are present at the same time. Without the two witness signatures, it is considered to be a holographic will. Florida law does not deem these to be valid.

In other words, it is not enough just to write your wishes down and sign your name. If your handwritten will is not witnessed correctly, it will not be considered valid in Florida.

Need Help Planning for the Future? Contact Our Caring Estate Planning Lawyers Today

Creating a will might feel like a daunting task, but it does not have to be. At Bucelo Diaz Law PLLC, we have spent over 15 years helping Florida residents navigate estate planning and probate law.

We offer free consultations so you can get your questions answered without pressure. Our experienced team will walk you through the process, explain your options, and help you create a will that is legally sound and tailored to your wishes.

Whether you are considering a simple will or need a comprehensive estate plan, we make the process smooth, quick, and stress-free. Let us help you gain the peace of mind that comes with knowing your loved ones will be protected, no matter what the future holds. 

You have worked hard, and you want the peace of mind that your loved ones will be taken care of. We are here to make that happen.

Call Bucelo Diaz Law PLLC today and take the first step toward securing your legacy.