Are Holographic Wills Valid in Florida?

A holographic will is commonly understood as a will written entirely in the testator's handwriting and signed without the usual witness formalities. Florida's execution statute requires every will to be in writing and to meet signature and witness rules. The testator must sign at the end, or another person may subscribe the testator's name at the end in the testator's presence and by the testator's direction, and at least two attesting witnesses must sign in the presence of the testator and of each other.

The statute then states that a will in the testator's handwriting that was executed with those formalities shall not be considered a holographic will. In other words, handwriting alone does not create a special Florida category that skips witnesses. Unwitnessed handwritten wills and oral wills are not accepted under Florida execution rules.

A will executed by a nonresident of Florida may still be valid here if it was valid under the law of the place where it was executed, but that recognition does not extend to a holographic or nuncupative will. Handwritten, oral, and out of state issues are also summarized in whether Florida accepts handwritten, oral or out of state wills. The core validity checklist appears in what Florida law requires for a valid will.