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Florida Statutes (Last Updated: April 21, 2021) |
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TITLE XLII. ESTATES AND TRUSTS |
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CHAPTER 732. PROBATE CODE: INTESTATE SUCCESSION AND WILLS |
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PART V. WILLS |
Latest version.
- 1Every will must be in writing and executed as follows:11(1)(a) 12Testator’s signature.14-151. 16The testator must sign the will at the end; or262. 27The testator’s name must be subscribed at the end of the will by some other person in the testator’s presence and by the testator’s direction.52(b) 53Witnesses.54-55The testator’s:571. 58Signing, or602. 61Acknowledgment:62a. 63That he or she has previously signed the will, or73b. 74That another person has subscribed the testator’s name to it,
84must be in the presence of at least two attesting witnesses.
95(c) 96Witnesses’ signatures.98-99The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.119(2) 120Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator’s handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will.188(3) 189Any will executed as a military testamentary instrument in accordance with 10 U.S.C. s. 1044d, Chapter 53, by a person who is eligible for military legal assistance is valid as a will in this state.224(4) 225No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law.248(5) 249A codicil shall be executed with the same formalities as a will.
History.-s. 1, ch. 74-106; s. 21, ch. 75-220; s. 11, ch. 77-87; s. 961, ch. 97-102; s. 42, ch. 2001-226; s. 5, ch. 2003-154.
Note
Note.-Created from former s. 731.07.
