Originally published: October 2026 | Reviewed by Mary Conte
You can make your own will in Florida without an estate planning lawyer, as long as you follow the state’s signing rules exactly. Settling an estate after someone dies is a different matter. In most cases, the person in charge of a Florida estate has to be represented by a probate attorney.
The word “execute” causes a lot of the confusion. When you sign your will, that is called executing the will. When the person you name carries out your will after you die, that is called executing the estate. Florida calls that person the personal representative, though most people say “executor.” Each step has its own rules.
This guide from Conte Mollenhauer Law Firm in Lake Mary covers both steps, the Florida laws behind them, and the small-estate options that can make court simpler. It is general information and not legal advice for your situation.
You can write and sign a will yourself. You usually cannot handle probate yourself. Florida does not require a lawyer to draft or sign a will, but a will that skips a signing step can be rejected by the court. Florida Probate Rule 5.030 requires a Florida-licensed attorney for nearly every personal representative, with one exception for a personal representative who is the only interested person in the estate.
Florida also has two simplified court procedures for small estates: summary administration and disposition without administration. Both have strict eligibility limits, and neither works for every estate. They are explained below.
Section 732.502 of the Florida Statutes sets the signing requirements. A will that misses one of them may not be accepted as valid, so each step matters.
A Florida will must be in writing. It does not have to be typed. A handwritten will can be valid if it is signed and witnessed the way the statute requires, but Florida does not accept a handwritten will that lacks the required witnesses. Typing your will is still a good idea because it is easier to read and harder for anyone to question later.
The person making the will, called the testator, must sign at the end of the document. Someone else can sign the testator’s name at the end, but only in the testator’s presence and at the testator’s direction.
The testator must sign in front of at least two witnesses. If the testator signed earlier, they can instead tell the two witnesses that the signature on the document is theirs. This is called acknowledging the signature.
The witnesses must sign the will in the testator’s presence and in each other’s presence. All three people should be in the same room for the signing. If a witness signs later or in another room, the will may not meet the statute.
Under Section 732.504, any person who is competent to be a witness can witness a will. A will is also not invalid just because a beneficiary signed as a witness. So Florida does not prohibit it.
Even so, using a witness who gets something under the will gives a family member a reason to question the will in court. It is better to pick two adults who have nothing to gain, such as friends or coworkers. That keeps the signing simple to defend if anyone ever disagrees with it.
A self-proving affidavit is a sworn statement that the will was signed correctly. Under Section 732.503, the testator acknowledges the will and both witnesses swear to how it was signed, all before a notary or another officer who can administer oaths. The officer’s certificate is attached to or follows the will.
You can add the affidavit when you sign the will or at any later date. A self-proved will can be accepted by the court without the witnesses having to testify. Without it, your personal representative may have to track down a witness who has moved or died just to show the will is genuine.
A notary is not required for the will itself to be valid. The notary is needed only for the self-proving affidavit. Florida also has separate rules for electronic wills, which are outside the scope of this guide.
Probate is the court process for paying a person’s debts and passing their property to the people entitled to it. A personal representative handles that process after the court appoints them. The personal representative is a fiduciary under Section 733.602, which means they must settle and distribute the estate according to the will and Florida law. A personal representative who makes mistakes can be held personally responsible by beneficiaries or creditors.
Florida Probate Rule 5.030(a) says every personal representative, unless they remain the sole interested person, must be represented by an attorney admitted to practice in Florida. A personal representative who is a Florida attorney can represent themselves. Formal probate involves a petition filed with the circuit court clerk, notice to creditors, an inventory of assets, resolving claims, and a final petition to close the estate.
Probate is filed in the county where the person lived. For Seminole County, that is the Seminole County Clerk of the Circuit Court & Comptroller, and the case is part of the Eighteenth Judicial Circuit, which covers Seminole and Brevard counties.
An interested person is generally anyone who may be affected by the outcome of the proceeding, such as a beneficiary or a creditor. If the personal representative is the only one, Rule 5.030(a) does not require an attorney. This is uncommon, because most estates have at least one other beneficiary or creditor. Check with an attorney before assuming it applies to you.
The rule covers the whole estate administration, not just the opening petition. In practice, a personal representative who needs an attorney to open a formal estate needs one through the petition for discharge that closes it. An attorney can file a notice limiting their appearance to a particular matter, but the personal representative must still be represented by a Florida attorney.
Summary administration and disposition without administration are separate court procedures from formal probate. Neither involves appointing a personal representative, and Rule 5.030 is written about personal representatives. They are still court proceedings with their own filing requirements and strict eligibility rules, so it is worth having an attorney confirm the estate qualifies before filing.
Under Section 735.201, summary administration is available when the estate is under a dollar limit, after subtracting property that is exempt from creditors’ claims, or when the person has been dead more than two years. The dollar limit was $75,000. Chapter 2026-57 (CS/HB 1337) raised it to $150,000 effective July 1, 2026. Because the change is recent, confirm which limit applies to the estate before relying on either number.
People who receive property through summary administration can be personally responsible for a share of the estate’s valid debts, up to the value they received. That is one reason to confirm what the estate owes before choosing this route.
Section 735.301 applies only when the person left nothing but personal property. The assets must be exempt personal property, plus non-exempt personal property worth no more than preferred funeral expenses and reasonable medical and hospital expenses from the last 60 days of the last illness. If the estate qualifies, the court can authorize the person’s personal property to be paid, transferred, or released to the people entitled to it. It does not cover an estate that includes a house or land.
If a court decides your will was not signed correctly, it treats your estate as if you never made a will. Your property then goes to your relatives in an order set by Florida law. This is called intestacy. It does not matter what your will said or who you wanted to receive your property.
Here is how that order generally works. If you are married and all of your children are also your spouse’s children, your spouse usually gets everything. If you have children who are not your spouse’s, or your spouse has children who are not yours, your spouse gets half and your children share the other half. If you are not married, your children get everything. If you have no spouse and no children, your property goes to your parents, then to your brothers and sisters, and then to more distant relatives (Sections 732.101 through 732.103).
This is why a signing mistake can be costly. An unmarried partner, a close friend, or a charity would get nothing under these rules, even if your will named them.
Even a valid will can leave someone out by accident. If a child is born or adopted after you sign your will and the will does not provide for them, that child may still be entitled to a share of your estate (Section 732.302). The same can apply to a spouse you marry after signing. There are exceptions, such as when the will shows you left the person out on purpose. Review your will after any marriage, divorce, or new child.
Yes. Florida does not require an attorney to draft or sign a will. The will must be in writing, signed by you at the end, and signed or acknowledged in front of two witnesses who then sign in front of you and each other. Missing a step can cause the court to reject it.
It can. A handwritten will is valid if it is signed at the end and witnessed by two people as Section 732.502 requires. A handwritten will without the two witnesses is not valid in Florida. Typing the will is not required, but it is easier to read and less likely to be questioned.
No. A notary is not needed for the will itself. A notary is needed only for the self-proving affidavit under Section 732.503, which lets the court accept the will without the witnesses testifying. Without the affidavit, the will can still be valid, but a witness may have to be located later.
Florida does not prohibit it. Section 732.504 says a will is not invalid just because an interested person signed as a witness. It is still best to use witnesses who receive nothing under the will, because that removes an easy argument if someone challenges the will later.
Usually not. Rule 5.030(a) requires a personal representative to be represented by a Florida attorney unless the personal representative is the only interested person. Some small estates qualify for summary administration or disposition without administration, which do not appoint a personal representative. An attorney can confirm which applies.
Probate is filed with the Seminole County Clerk of the Circuit Court & Comptroller, in the county where the person lived. The case is part of the Eighteenth Judicial Circuit. Conte Mollenhauer Law Firm in Lake Mary also serves families in Volusia and Orange counties.
Florida lets you write and sign your own will if you follow Section 732.502 and, ideally, add a self-proving affidavit. Probate is different. Most Florida estates need a Florida attorney under Rule 5.030, and the small-estate procedures have limits that are easy to misjudge.
If you want a review of a will you have already written, or you are settling an estate and are not sure which procedure applies, Conte Mollenhauer Law Firm can help.
This article is for general information only. It is not legal advice and does not create an attorney-client relationship. Florida probate and estate law is fact-specific, so consult a licensed Florida attorney about your situation.
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