Florida Will and Trust Laws: Witnesses, Electronic Wills (2026)

Under Florida law, a will is valid only if it is in writing, signed by the testator at the end, and signed or acknowledged by the testator in the presence of at least two attesting witnesses, who must then sign in the presence of the testator and of each other (Fla. Stat. 732.502(1)). Any person of sound mind who is 18 or older, or an emancipated minor, may make a will (732.501), and no notary is required for validity. Revocable living trusts are governed by the Florida Trust Code, chapter 736 of the Florida Statutes.

Compared with the wills and trusts laws by state, three Florida rules stand out. Florida has no exception for a handwritten will, it has no statute letting a court excuse a defective signing, and it carries the two-witness rule into living trusts: for a revocable trust created on or after July 1, 2007 by a settlor domiciled in Florida, the parts that dispose of property at death are invalid unless the trust is signed with will formalities.

Information last verified on 2026-10-19. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Florida statutes on making, signing, proving, changing and revoking wills (Fla. Stat. chapter 732, with related sections of chapters 117 and 733) and on revocable living trusts (the Florida Trust Code, chapter 736). It does not cover what happens when someone dies without a will or how estate administration works (see Florida probate), small-estate procedures (see the Florida small estate affidavit page), powers of attorney (see Florida power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Florida advance directive tool.

What makes a will valid in Florida?

Section 732.501 sets capacity: "Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will."

Section 732.502 sets the form. It opens: "Every will must be in writing and executed as follows." The requirements that follow are:

• The testator's signature. The testator must sign the will at the end, or the 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" (732.502(1)(a)).
• Two witnesses to the signing or acknowledgment. The testator's signing, or acknowledgment that he or she has previously signed the will or that another person has subscribed the testator's name to it, "must be in the presence of at least two attesting witnesses" (732.502(1)(b)).
• The witnesses sign together. "The attesting witnesses must sign the will in the presence of the testator and in the presence of each other" (732.502(1)(c)).

No special wording is required: "No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law" (732.502(4)). A codicil "shall be executed with the same formalities as a will" (732.502(5)). Florida has no official fill-in will form in Part V of chapter 732.

Who can witness

Under 732.504(1), "Any person competent to be a witness may act as a witness to a will." A beneficiary can serve: "A will or codicil, or any part of either, is not invalid because the will or codicil is signed by an interested witness" (732.504(2)).

No harmless-error rule

Part V of chapter 732 (sections 732.501 through 732.526) contains no section allowing a court to excuse a will that was not signed and witnessed as section 732.502 requires. Florida courts read the statute strictly: "A testator must strictly comply with these statutory requirements in order to create a valid will" (Allen v. Dalk, 826 So. 2d 245, 247 (Fla. 2002)).

Wills signed in another state, and military wills

Florida honors many wills made elsewhere, with an important exception:

"Any 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." (Fla. Stat. 732.502(2))

Under 732.502(3), a will executed as a military testamentary instrument under 10 U.S.C. 1044d "by a person who is eligible for military legal assistance is valid as a will in this state."

Undue influence and fraud

Section 732.5165 provides: "A will is void if the execution is procured by fraud, duress, mistake, or undue influence."

Does a Florida will need to be notarized? The self-proving affidavit

A notary is not part of the section 732.502 signing rule, and Florida has no notarized-will alternative to the two witnesses. Notarization comes in through self-proof. Under 732.503(1), a will or codicil executed in conformity with 732.502 "may be made self-proved at the time of its execution or at any subsequent date by the acknowledgment of it by the testator and the affidavits of the witnesses, made before an officer authorized to administer oaths and evidenced by the officer's certificate attached to or following the will." The section sets out the form of the acknowledgment and affidavit; this page does not reproduce it.

What self-proof does is set by 733.107(1): a self-proving affidavit executed under 732.503 "is admissible and establishes prima facie the formal execution and attestation of the will. Thereafter, the contestant shall have the burden of establishing the grounds on which the probate of the will is opposed or revocation is sought."

Are handwritten (holographic) wills valid in Florida?

Not without witnesses. Florida applies the same section 732.502 formalities to a will written in the testator's own hand, and the statute says so directly:

"A will in the testator's handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will." (Fla. Stat. 732.502(2))

A handwritten will therefore needs the testator's signature at the end and two attesting witnesses who sign in the presence of the testator and of each other. The same subsection excludes holographic wills from the rule that honors a nonresident's will that was valid where it was signed, so a handwritten, unwitnessed will made in a state that accepts holographic wills does not qualify under 732.502(2).

Are oral (nuncupative) wills valid?

No. Section 732.502 requires that "Every will must be in writing," so an oral will is not a valid will in Florida. The only mention of nuncupative wills in chapter 732 is the exclusion in 732.502(2), which keeps a nonresident's oral will from qualifying under the foreign-execution rule.

Electronic wills and remote witnessing

Florida allows electronic wills. Part V of chapter 732 includes sections 732.521 through 732.526, added by chapter 2019-71, Laws of Florida, which took effect January 1, 2020; section 732.522, the method-of-execution section, took effect July 1, 2020. An "electronic will" is "a testamentary instrument, including a codicil, executed with an electronic signature by a person in the manner prescribed by this code" (732.521(4)).

Signing and witnessing an electronic will

Section 732.522 adapts the ordinary rules:

• "Any requirement that an instrument be signed may be satisfied by an electronic signature" (732.522(1)).
• The requirement that people sign in one another's presence may be met by witnesses who are present and sign electronically "by means of audio-video communication technology" that meets part II of chapter 117, but only if all four conditions in 732.522(2) are met: (a) the individuals are supervised by a notary public under 117.285; (b) they are authenticated and signing as part of an online notarization session under 117.265; (c) "The witness hears the signer make a statement acknowledging that the signer has signed the electronic record"; and (d) the signing and witnessing comply with 117.285.
• Otherwise, questions about the force, effect, validity and interpretation of a compliant electronic will are decided "in the same manner as in the case of a will executed in accordance with s. 732.502" (732.522(3)).

Limits on remote witnesses

Section 117.285 adds safeguards for remote witnessing:

• Location. A remote witness "must verbally confirm that he or she is a resident of and physically located within the United States or a territory of the United States at the time of witnessing" (117.285(4)).
• Vulnerable adults. Subsection (5) applies to a will under chapter 732 and to a revocable trust with testamentary aspects under 736.0403(2)(b) when fewer than two witnesses are in the physical presence of the person signing. In that case, the presence of a witness by audio-video communication "is not effective for witnessing the signature of a principal who is a vulnerable adult as defined in s. 415.102," and a person contesting the document "has the burden of proving that the principal was a vulnerable adult at the time of executing the electronic record" (117.285(5)(g)).
• Screening questions. In the same situation, before remote witnessing the remote online notarization provider must ask whether the principal is under the influence of a drug or alcohol that impairs the ability to make decisions, has a physical or mental condition or long-term disability that impairs the normal activities of daily living, or requires assistance with daily care. If any answer is yes, "the principal's signature on the instrument may only be validly witnessed by witnesses in the physical presence of the principal at the time of signing" (117.285(5)(a)-(b)). The provider then gives the principal a written notice about the vulnerable-adult rule (117.285(5)(c)).
• Questions during the session. Remote witnessing is valid only if the principal verbally answers questions asked by the online notary about marital status and spouse, who helped access the video conference, who helped prepare the documents, where the principal is, and who is in the room (117.285(5)(d)). An incorrect answer "may not serve as the sole basis to invalidate an instrument" (117.285(5)(f)).
• Identity. A remote witness's identity, and the principal's, must be established using the procedures for identifying a principal in online notarization of 117.265(4) (117.285(2)).
• Two witnesses in the room. "The requirements of this subsection do not apply if there are at least two witnesses in the physical presence of the principal at the time of the notarial act" (117.285(5)(k)).

Self-proving and storing an electronic will

An electronic will is self-proved under 732.523 only if all four conditions are met: the testator's acknowledgment and the witnesses' affidavits are made under 732.503 and are part of, attached to, or logically associated with the electronic record; the electronic will designates a qualified custodian; the electronic record is held by a qualified custodian at all times before it is offered for probate; and the custodian holding it at the testator's death certifies under oath as the section requires.

A qualified custodian must be domiciled in and a resident of Florida, or be incorporated, organized or have its principal place of business in Florida (732.524(1)). It must give the testator a paper copy of the electronic will on request, free the first time (732.524(8)), and on learning that the testator is dead it must deposit the electronic will with the court under 732.901 (732.524(11)).

A qualified custodian must also post and maintain a blanket surety bond of at least $250,000 or maintain a liability insurance policy covering losses of at least $250,000 in the aggregate (732.525(1)).

At probate, an electronic will filed through the Florida Courts E-Filing Portal "is deemed to have been deposited with the clerk as an original," and a paper copy "certified by a notary public to be a true and correct copy of the electronic will may be offered for and admitted to probate and shall constitute an original of the electronic will" (732.526).

Changing or revoking a Florida will

Revocation by a later writing

Under 732.505, a will or codicil, or any part of either, is revoked:

1. "By a subsequent inconsistent will or codicil, even though the subsequent inconsistent will or codicil does not expressly revoke all previous wills or codicils, but the revocation extends only so far as the inconsistency."
2. "By a subsequent will, codicil, or other writing executed with the same formalities required for the execution of wills declaring the revocation."

Revocation by physical act

Under 732.506, a paper will or codicil is revoked by the testator, or by another person in the testator's presence and at the testator's direction, "by burning, tearing, canceling, defacing, obliterating, or destroying it with the intent, and for the purpose, of revocation." An electronic will or codicil is revoked "by deleting, canceling, rendering unreadable, or obliterating the electronic will or codicil, with the intent, and for the purpose, of revocation, as proved by clear and convincing evidence."

Codicils and revival

"The revocation of a will revokes all codicils to that will" (732.509). Revoking a later will does not bring back an earlier one: under 732.508(1), revoking a will that revoked a former will "shall not revive the former will, even though the former will is in existence at the date of the revocation of the subsequent will." Revoking a codicil does not revoke the will, and absent evidence to the contrary the testator is presumed to have intended to reinstate the provisions the revoked codicil had changed (732.508(2)).

Divorce

Section 732.507(2) provides that "Any provision of a will that affects the testator's spouse is void upon dissolution of the marriage of the testator and the spouse, whether the marriage occurred before or after the execution of such will." The will is then "construed as if the spouse died at the time of the dissolution of marriage." Dissolution occurs when the marriage "is judicially dissolved or declared invalid by court order."

The subsection does not invalidate a will provision:

• executed by the testator after the dissolution of the marriage;
• "If there is a specific intention to the contrary stated in the will"; or
• "If the dissolution of marriage judgment expressly provides otherwise."

The date limit matters: "This section applies to wills of decedents who die on or after June 29, 2021" (732.507(3)). Two companion statutes extend the rule beyond the will:

• Revocable trusts. Under 736.1105(2), any provision of a revocable trust that affects the settlor's spouse is void upon dissolution of the marriage, and the trust is construed as if the spouse died at the dissolution, with the same three exceptions (a provision executed after the dissolution, a contrary intention stated in the trust, or a judgment that expressly provides otherwise). It applies to revocable trusts of decedents who die on or after June 29, 2021 (736.1105(3)).
• Beneficiary designations. Under 732.703(2), a designation made before the divorce that pays or transfers an asset at death to the former spouse is void, and the asset passes as if the former spouse had died first. It covers life insurance, annuities, employee benefit plans, individual retirement accounts, and payable-on-death and transfer-on-death accounts in which a Florida resident has an interest at death (732.703(3)), and it applies to decedents dying on or after July 1, 2012 (732.703(9)). Among other exceptions, it does not apply "to the extent that controlling federal law provides otherwise," if the decedent remarried the former spouse and they were married at the decedent's death, or to state-administered retirement plans under chapter 121 (732.703(4)).

For employer plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that federal law pre-empts a state statute revoking a spouse's beneficiary designation on divorce as applied to those plans (see the wills and trusts hub for the federal layer).

Marriage, births and adoptions

Under 732.507(1), "Neither subsequent marriage, birth, nor adoption of descendants shall revoke the prior will of any person," but a pretermitted spouse or child inherits as set out in 732.301 and 732.302, described below.

Limits on what a Florida will can do

Elective share. "The surviving spouse of a person who dies domiciled in Florida has the right to a share of the elective estate of the decedent" (732.201), and "The elective share is an amount equal to 30 percent of the elective estate" (732.2065).

Spouse married after the will. Under 732.301, a spouse who marries the testator after the will is made and survives receives the share he or she would have received had the testator died intestate, unless "(1) Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement; (2) The spouse is provided for in the will; or (3) The will discloses an intention not to make provision for the spouse."

Child born or adopted after the will. Under 732.302, a child born or adopted after the will who is not provided for, and who has not received an equivalent advancement, receives an intestate share unless "(1) It appears from the will that the omission was intentional; or (2) The testator had one or more children when the will was executed and devised substantially all the estate to the other parent of the pretermitted child and that other parent survived the testator and is entitled to take under the will." The intestate shares these sections refer to are explained on the Florida probate page.

No-contest clauses. "A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable" (732.517). The trust counterpart, 736.1108, makes the same kind of provision in a trust instrument unenforceable; it applies to trusts created on or after October 1, 1993, and a revocable trust "shall be treated as created when the right of revocation terminates."

Homestead. Under 732.4015(1), "the homestead shall not be subject to devise if the owner is survived by a spouse or a minor child or minor children, except that the homestead may be devised to the owner's spouse if there is no minor child or minor children"; for this rule, "devise" includes a disposition by trust of what would be the grantor's homestead (732.4015(2)). See the Florida homestead exemption page for related homestead rules.

Tangible personal property list. Under 732.515, a written statement or list referred to in the will disposes of items of tangible personal property not otherwise specifically disposed of by the will, "other than property used in trade or business." The writing "must be signed by the testator and must describe the items and the devisees with reasonable certainty," and it "may be prepared before or after the execution of the will."

Gifts to relatives who die first. Under 732.603(1), unless the will shows a contrary intent, a gift to a devisee who is a grandparent or a descendant of a grandparent of the testator and who does not survive the testator passes to that devisee's surviving descendants per stirpes.

After the testator dies: depositing and contesting the will

The person holding an original will has a deadline. Under 732.901(1), "The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead." On petition, a custodian may be compelled to produce and deposit the will, and if the court finds the custodian had no just or reasonable cause for failing to deposit it, "All costs, damages, and a reasonable attorney's fee shall be adjudged to petitioner against the delinquent custodian" (732.901(2)). For this section, a separate writing under 732.515 counts as a will (732.901(5)).

Objections to a will's validity are short-fused. Under 733.212(3), an interested person served with a notice of administration must object to the validity of the will "on or before the date that is 3 months after the date of service of a copy of the notice of administration on the objecting person, or those objections are forever barred." The period may be extended only for estoppel based on a misstatement by the personal representative about the deadline. How administration works is covered on the Florida probate page.

Revocable living trusts in Florida

The Florida Trust Code

Trusts are governed by the Florida Trust Code, chapter 736. Under 736.1303, "Except as otherwise provided in this code, on July 1, 2007: (a) This code applies to all trusts created before, on, or after such date." The code defines "revocable," as applied to a trust, as "revocable by the settlor without the consent of the trustee or a person holding an adverse interest" (736.0103(20)).

Creating a trust

Under 736.0402(1), a trust is created only if the settlor has capacity to create a trust, the settlor indicates an intent to create the trust, the trust has a definite beneficiary (or is a charitable trust, a trust for the care of an animal, or a trust for a noncharitable purpose), the trustee has duties to perform, and "The same person is not the sole trustee and sole beneficiary."

Capacity is the same as for a will: "The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will" (736.0601).

Signing formalities: the will-formality rule for testamentary aspects

This is the rule that most sets Florida apart. Under 736.0403(2)(b):

"The testamentary aspects of a revocable trust, executed by a settlor who is a domiciliary of this state at the time of execution, are invalid unless the trust instrument is executed by the settlor with the formalities required for the execution of a will in this state. For purposes of this subsection, the term 'testamentary aspects' means those provisions of the trust instrument that dispose of the trust property on or after the death of the settlor other than to the settlor's estate."

Paragraph (2)(b) applies to trusts created on or after the code's effective date, July 1, 2007; former section 737.111 continues to apply to trusts created before that date (736.0403(4)). Paragraph (2)(b) also does not apply to trusts established as part of an employee annuity described in section 403 of the Internal Revenue Code, an individual retirement account described in section 408, a Keogh (HR-10) plan, or a retirement or other plan qualified under section 401 (736.0403(3)).

For a trust created on or after July 1, 2007 by a settlor domiciled in Florida when it is signed, then, the provisions that pass trust property at death need the section 732.502 formalities: the settlor's signature at the end and two attesting witnesses who sign in the presence of the settlor and of each other. A revocable trust with testamentary aspects that is signed electronically with remote witnesses is also subject to the 117.285(5) limits described above.

Two other writing rules apply. A trust of an interest in land must be "manifested and proved by some writing, signed by the party authorized by law to declare or create such trust or confidence, or by the party's last will and testament," or it is void (689.05). For other trusts, "Except as required by s. 736.0403 or a law other than this code, a trust need not be evidenced by a trust instrument but the creation of an oral trust and its terms may be established only by clear and convincing evidence" (736.0407).

Revocable by default

Section 736.0602(1) provides: "Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before the effective date of this code." The code's effective date is July 1, 2007 (736.1303).

How to revoke or amend

Under 736.0602(3), and "Subject to s. 736.0403(2)," the settlor may revoke or amend a revocable trust:

• "By substantial compliance with a method provided in the terms of the trust"; or
• if the terms of the trust do not provide a method, by "A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust," or by "Any other method manifesting clear and convincing evidence of the settlor's intent."

For a trust with more than one settlor, 736.0602(2) provides that, to the extent the trust holds community property, either spouse acting alone may revoke it but it may be amended only by joint action of both spouses; for other property, each settlor may revoke or amend the trust as to the portion attributable to that settlor's contribution.

An agent may act only within limits: "A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only as authorized by s. 709.2202" (736.0602(5)). The Florida power of attorney laws page covers Florida powers of attorney.

Creditors

"The property of a revocable trust is subject to the claims of the settlor's creditors during the settlor's lifetime to the extent the property would not otherwise be exempt by law if owned directly by the settlor" (736.0505(1)(a)).

Certification of trust

Under 736.1017(1), "Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust." The listed contents include that the trust exists and the date the instrument was executed, the identity of the settlor, the identity and address of the currently acting trustee, the trustee's powers, and the revocability or irrevocability of the trust. A person who relies on the certification "without knowledge that the representations contained in the certification are incorrect is not liable to any person for so acting" (736.1017(6)).

After the settlor dies: notice and the contest deadline

Within 60 days after the trustee learns that a formerly revocable trust has become irrevocable, "whether by the death of the settlor or otherwise," the trustee must notify the qualified beneficiaries of the trust's existence, the identity of the settlor or settlors, the right to request a copy of the trust instrument and the right to accountings, among other items (736.0813(1)(b)).

When the settlor of a trust described in 733.707(3), a trust the settlor could revoke at death, dies, the trustee "must file a notice of trust with the court of the county of the settlor's domicile and the court having jurisdiction of the settlor's estate" (736.05055(1)).

The contest deadline is in 736.0604:

"An action to contest the validity of a trust that was revocable at the settlor's death is barred, if not commenced within the earlier of: (1) The time as provided in chapter 95; or (2) Six months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding."

Pour-over wills

A pour-over will leaves property to the trustee of a trust. Section 732.513 allows it when the trust is in writing and identified in the will:

"A valid devise may be made to the trustee of a trust that is evidenced by a written instrument in existence at the time of making the will, or by a written instrument subscribed concurrently with making of the will, if the written instrument is identified in the will." (Fla. Stat. 732.513(1))

The devise is not invalid because the trust is amendable or revocable, or because the trust has been amended or revoked in part after the will was signed (732.513(2)), and it disposes of property under the trust's terms "as previously or subsequently amended" (732.513(3)). "An entire revocation of the trust by an instrument in writing before the testator's death shall invalidate the devise or bequest" (732.513(4)).

Florida wills and trusts at a glance

Recent changes

• Divorce rule (2021). Section 732.507 was amended by chapter 2021-183, Laws of Florida, and subsection (3) limits the divorce rule to wills of decedents who die on or after June 29, 2021.
• Self-proof and remote witnessing (2021). Chapter 2021-205 amended the self-proof section, 732.503 (including its online-notarization wording), the electronic-will definitions in 732.521, and the remote-witnessing section, 117.285.
• Electronic wills (2020). Chapter 2019-71 (approved June 7, 2019) added the electronic-will sections, 732.521 through 732.526, together with section 117.285 on supervising the witnessing of electronic records, effective January 1, 2020, with section 732.522 effective July 1, 2020.

Making a will in practice

The site's free Florida will-maker tool can help draft a basic will. Whatever produces the document, it is valid only if it is signed at the end and witnessed as section 732.502 requires, and a revocable trust created on or after July 1, 2007 by a Florida domiciliary needs the same formalities for its provisions that dispose of property at death under 736.0403(2)(b). Complex estates, blended families, homestead property, business interests or tax questions are reasons to consult a lawyer licensed in Florida. The tool is not legal advice.

Members of the armed forces have a federal option as well: under 10 U.S.C. 1044d, a military testamentary instrument is exempt from state formalities and has the same legal effect as a will executed under the law of the state where it is presented for probate (see the wills and trusts hub for the federal layer).

Related pages

• Wills and trusts laws by state
• Florida probate
• Florida homestead exemption
• Florida power of attorney laws
• Florida small estate affidavit

This article provides general legal information about Florida law on wills and revocable trusts as of 2026-10-19. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Florida or the clerk of the circuit court in your county.

Last updated: 2026-10-19.

Frequently Asked Questions

How many witnesses does a will need in Florida?

Two. Under Fla. Stat. 732.502(1), the testator must sign at the end (or acknowledge the signature) in the presence of at least two attesting witnesses, and the witnesses must sign in the presence of the testator and of each other.

Does a will have to be notarized in Florida?

No. Section 732.502 requires two witnesses, not a notary. A notary or other officer authorized to administer oaths takes the testator's acknowledgment and the witnesses' affidavits if the will is made self-proved under 732.503, which can be done at signing or later. An electronic will witnessed remotely is signed in a notary-supervised online session (732.522(2)).

Is a handwritten will valid in Florida?

Only if it is signed and witnessed like any other will. Section 732.502(2) says a handwritten will executed with the two-witness formalities is not a holographic will, and it excludes holographic wills from the rule honoring a nonresident's will that was valid where it was signed.

Are oral wills valid in Florida?

No. Section 732.502 requires every will to be in writing, and a nonresident's nuncupative (oral) will is excluded from the rule that honors wills valid where they were made (732.502(2)).

Can I sign a will electronically in Florida?

Yes. Under 732.522, an electronic signature can satisfy the signing requirement, and witnesses may appear by audio-video technology only if they are supervised by a notary under 117.285 as part of an online notarization session, among the other conditions in 732.522(2). When fewer than two witnesses are physically present, a yes to any of the provider's three screening questions means only witnesses in the room are valid, and video presence is not effective for a testator who is a vulnerable adult under 415.102 (117.285(5)).

Does divorce revoke a will in Florida?

Divorce does not revoke the whole will. Under 732.507(2), any provision affecting the former spouse becomes void and the will is read as if the spouse died at the dissolution, unless the will was signed after the divorce, the will states a contrary intention, or the dissolution judgment provides otherwise. The rule applies to decedents dying on or after June 29, 2021. Separate rules, with their own conditions, reach revocable trusts and beneficiary designations; see the divorce section above.

Does a living trust need witnesses in Florida?

For a revocable trust created on or after July 1, 2007 by a settlor domiciled in Florida when it is signed, the provisions that dispose of trust property at or after death (other than to the settlor's estate) are invalid unless the trust instrument is executed with the formalities required for a will, which means two attesting witnesses under 732.502 (Fla. Stat. 736.0403(2)(b), (4)). Trusts that are part of certain retirement plans and accounts are excepted (736.0403(3)).

Is a living trust revocable in Florida?

Yes by default for a trust created under an instrument signed on or after the Florida Trust Code's effective date, July 1, 2007: under 736.0602(1), the settlor may revoke or amend the trust unless its terms expressly provide that it is irrevocable.

How long do you have to contest a will or a revocable trust in Florida?

A person served with a notice of administration must object to a will's validity within 3 months after service or the objection is forever barred (733.212(3)). A contest of a trust that was revocable at the settlor's death is barred if not started within the earlier of the chapter 95 period or six months after the trustee sends the trust instrument and the notice described in 736.0604.

Can a spouse be left out of a will in Florida?

The surviving spouse of a person who dies domiciled in Florida has a right to an elective share equal to 30 percent of the elective estate (732.201, 732.2065). A spouse married after the will was made may also take an intestate share under 732.301 unless provision was made for, or waived by, the spouse in a prenuptial or postnuptial agreement, the spouse is provided for in the will, or the will discloses an intention not to provide for the spouse.