Making a will sounds simple until a Boca Raton family learns, at probate, that the document does not meet Florida’s requirements. A will that fails the statute is treated as if it never existed. The good news is that Florida’s rules are clear, and most invalid wills fail for a handful of avoidable reasons. Here is how to make a valid will by sidestepping those mistakes.
The legal baseline under Section 732.502
Florida law requires that a will be in writing, signed by the testator at the end, and witnessed by two competent witnesses who sign in the presence of the testator and of each other. The testator must be at least 18 and of sound mind. Missing any of these elements is the single most common reason a Florida will fails. Everything below is about getting this part right.
Mistake 1: Relying on a handwritten note
Florida does not recognize holographic wills, meaning a handwritten will that is not properly witnessed is invalid here, even if it would be valid in another state. A note left in a Boca Raton desk drawer, no matter how clear your wishes, will not be honored unless it meets the witness requirements. Do not assume your handwriting alone is enough.
Mistake 2: Improper witnessing
The two witnesses must sign in your presence and in each other’s presence. Signing your will alone and gathering witness signatures later, separately, can void the document. Treat the signing as one coordinated event with everyone in the room at the same time.
Mistake 3: Skipping the self-proving affidavit
Florida allows a self-proving affidavit, a notarized statement signed by you and your witnesses. It is not required for validity, but without it your witnesses may have to be located and testify in court years later. In a transient community like Boca Raton, witnesses move away. Add the self-proving affidavit so your will can be admitted smoothly.
Mistake 4: Ignoring homestead and spousal rights
Even a perfectly executed will cannot override Florida’s homestead restrictions or a surviving spouse’s elective share. If you try to leave your Boca Raton homestead to someone other than your spouse, the devise may be invalid and the property could pass by operation of law. Draft around these protections rather than against them.
Mistake 5: Naming an ineligible personal representative
Florida limits who can serve as personal representative. A non-relative who lives outside Florida generally cannot serve. Many Boca Raton residents name an out-of-state friend, only to have that choice fail. Confirm your personal representative qualifies under Florida law, and name a backup.
Mistake 6: Forgetting to update it
A valid will can still cause chaos if it is outdated. Marriage, divorce, a move to Florida, or a new child should prompt a review. Use a proper amendment, called a codicil, or a new will, rather than crossing out and rewriting, which can invalidate the document.
Storing and finding it
An original will is what the court needs. Keep the signed original somewhere safe and make sure your personal representative knows where it is. A lost original creates a legal presumption that you revoked it.
Florida’s execution formalities are strict, and small errors are easy to make and impossible to fix after death. A licensed Florida estate planning attorney serving Boca Raton can ensure your will is signed, witnessed, and structured to hold up in Palm Beach County probate.
For more on our Florida practice, see our overview of Florida estate planning. Morgan Legal Group's affiliated New York office also handles Article 81 guardianship in New York.
