If you live in Boca Raton and have ever wondered whether the document you typed up at the kitchen table would actually work, you are asking the right question. Florida has specific rules, and skipping one of them can quietly invalidate the whole thing. Here are the worries we hear most often, answered.
What does Florida actually require for a will to be valid?
Under Florida Statute §732.502, a will must be in writing, signed by you (the testator) at the end, and signed by two witnesses who are present at the same time and who watch you sign or acknowledge your signature. Those two witnesses must also sign in your presence and in the presence of each other. That “all in the same room” requirement trips up more Boca Raton wills than any other single issue.
I’m 78 and live alone near Mizner Park. Can I just write it out by hand?
Be careful here. Florida does not recognize holographic (handwritten, unwitnessed) wills, even if every word is in your own handwriting and clearly reflects your wishes. A handwritten document only counts if it was executed with the same two-witness formalities as any other will. Many snowbirds assume the rule from their home state carries over to Florida. It does not.
Do I need a notary for my will to be valid?
A notary is not required to make the will valid, but you almost always want one. By adding a self-proving affidavit signed before a notary (allowed under §732.503), your witnesses do not have to be tracked down and brought to court later to confirm the signatures. For a Boca Raton family whose witnesses may have moved away or passed on, a self-proving affidavit can save months in probate.
Can my will leave my house however I want?
Not entirely. Florida’s homestead protection under Article X, Section 4 of the state Constitution limits how you can leave your primary residence if you are survived by a spouse or minor child. You cannot simply give the homestead to a friend or adult child while a spouse or minor child survives. Because so many Boca Raton residents hold significant value in their home, this rule deserves real attention before you sign.
What about my spouse? Can I disinherit them?
Florida’s elective share statute (§732.2065 and following) gives a surviving spouse the right to claim 30% of the elective estate, regardless of what the will says. So even a carefully drafted will cannot fully cut out a spouse. If you are in a second marriage, a common situation in our community, this is something to plan around deliberately rather than discover later.
Who should I name as personal representative?
Your personal representative (called an executor in some states) administers the estate. Florida limits who can serve: generally a Florida resident, or a close relative such as a spouse, child, parent, or sibling even if they live out of state. A friend who lives in another state typically cannot serve. Choose someone organized and trustworthy, and name a backup.
Should I also sign a durable power of attorney?
A will only takes effect after death. While you are alive but unable to manage your affairs, a durable power of attorney under Florida Chapter 709 lets someone you trust act for you. Pairing your will with a durable POA, a health care surrogate, and a living will gives you protection during life and after.
A note before you sign
Florida’s witness, homestead, and spousal rules make a do-it-yourself will riskier than it looks. Before you finalize anything, consider speaking with a licensed Florida estate planning attorney who can make sure your Boca Raton will is executed correctly and reflects what you truly want.
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For more on our Florida practice, see our overview of Florida estate planning. Morgan Legal Group's affiliated New York office also handles .
