Florida has some of the strictest will-execution formalities in the country and does not allow holographic or fully remote-witnessed wills for residents, so getting the signing ceremony right matters more here than almost anywhere else.
2 required
Florida requires two witnesses present together with the testator, and Florida does not permit purely holographic (handwritten, unwitnessed) wills — even a handwritten will needs two qualifying witnesses.
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Florida allows a self-proving affidavit signed by the testator and witnesses before a notary at the time of signing, which is strongly recommended since it avoids needing witness testimony during probate.
Permitted by state law
Florida was an early adopter of remote online notarization and even permits electronic wills executed and witnessed via RON under specific statutory safeguards — but the requirements are technical, so use a qualified provider. LegacyShield remote notary sessions are coming soon — in-home notary visits are available now.
6–12 months for formal administration; summary administration can resolve in a matter of weeks to a few months.
Florida law provides a reasonable-fee guideline for personal representative and attorney compensation of roughly 3% of the estate's value for formal administration, meaning a $400,000 estate can see $12,000+ in statutory-guideline fees plus court costs.
$75,000 in non-exempt assets (excluding homestead), or if the decedent has been deceased more than two years
Qualifying estates can use Summary Administration instead of Formal Administration, which is much faster and cheaper and doesn't require appointing a personal representative.
Common law
Florida is a common-law (equitable distribution) property state, not a community property state — each spouse generally owns what's titled in their name, though Florida's homestead law gives a surviving spouse special protections over the marital home regardless of what a will says.
Florida uses a Health Care Surrogate Designation to appoint a health care agent plus a separate Living Will for end-of-life treatment instructions. Both need two witnesses (notarization is not required but is common practice).
Florida's durable power of attorney must be signed by the principal and two witnesses and acknowledged before a notary; "springing" powers of attorney (effective only upon incapacity) are not permitted — Florida POAs are effective immediately upon signing.
Laws change and every estate is different — verify current requirements with a licensed attorney in your state before signing or relying on any document.
LegacyShield AI walks you through a state-aware will, trust, powers of attorney, and healthcare directives — with signing instructions for your state included.