In short: DIY and online wills fail in Florida when they miss the signing formalities in § 732.502: signed at the end by the testator and by two attesting witnesses, in the presence of the testator and each other. Trusts fail without the four elements in § 736.0402: capacity, intent, a definite beneficiary, and a trustee with duties.
The online will cost $99. The lawsuit over it will cost the family tens of thousands.
DIY wills, online trusts, and AI-generated estate documents are one of the biggest issues in Florida probate in 2026. These documents are setting off landmines that will keep going off for decades.
A Florida Will Has Strict Signing Requirements
Under § 732.502, a Florida will must be:
- In writing
- Signed at the end by the testator (or by someone else in the testator’s presence and at their direction)
- Signed by two attesting witnesses, in the presence of the testator and of each other
That is the law. Florida does not recognize unwitnessed handwritten (holographic) wills, even ones that were valid where they were signed. A will written in beautiful calligraphy on parchment with a wax seal is worthless if it wasn’t properly witnessed: A Will Written in Calligraphy With a Wax Seal Was Worthless — § 732.502.
A self-proving affidavit, signed before a notary, isn’t required for validity, but without one the will may need witness testimony to be admitted to probate. Many forms get this wrong too.
Missing Words Can Sink the Whole Document
Small drafting omissions matter. In a case covered in the video below, a widely sold will form left out required language, and the will failed. The family ended up exactly where they would have been with no will at all, plus the cost of the fight.
Forms are written for every state at once. Florida law is specific.
A Florida Trust Has Four Requirements
Under § 736.0402, a trust is created only if:
- The settlor had capacity to create it
- The settlor indicated an intent to create it
- The trust has a definite beneficiary (with limited exceptions)
- The trustee has duties to perform, and the same person isn’t both sole trustee and sole beneficiary
On top of that, for a Florida resident, the parts of a revocable trust that act like a will are invalid unless the trust is signed with will formalities (§ 736.0403(2)(b)). Miss one requirement and the trust can be declared void.
Trusts Have Quirks That DIY Users Don’t See Coming
- No original required. Wills are deposited in original form with the clerk. Trusts often surface as PDFs, which are easier to alter and harder to authenticate.
- No court screening of the trustee. A personal representative can’t be a convicted felon and is supervised by a judge. A trustee faces no such statutory screen. The trust form doesn’t ask.
- Assets change; the trust doesn’t. A trust written ten years ago may not dispose of what the person owns at death.
And Then Someone Has to Administer It
Even a validly signed online trust has to be administered by someone, often a family member who has no idea what the Florida Trust Code requires: notices, accountings, loyalty, impartiality. A trustee who gets it wrong can end up paying for it personally.
If you are named trustee under a document like this, pay for a lawyer to advise you before you do anything.
The Fix
Have Florida estate documents prepared and signed with a Florida lawyer, in the lawyer’s office, with proper witnesses and a notary. Keep the original will with the lawyer. And make sure your accounts and deeds match the plan.
Watch: the videos behind this article
The Million Dollar Mistake Two Missing Words In Your Will Can Cost Everything (So Say Supremes)
WARNING: DIY & Online Trusts Can Cost Your Family Thousands
Did you know a Florida trust can be declared VOID if even one required element is missing?
Florida Probate DIY Will Problems Explained by Attorney
More Short Videos on This Issue
Go Deeper
- WARNING: DIY & Online Trusts Can Cost Your Family Thousands
- Think Your Will Is Safe? Florida Law Says Otherwise
- Can a Will Be Reformed in Florida? — § 732.615
Frequently Asked Questions
Are online wills valid in Florida?
They can be, if executed exactly as Florida law requires under § 732.502: in writing, signed at the end by the testator, and signed by two attesting witnesses in the presence of the testator and each other.
Are handwritten wills valid in Florida?
Not unless properly witnessed. Florida does not recognize holographic (unwitnessed handwritten) wills, even ones valid where they were signed.
What makes a Florida trust void?
Missing any requirement in § 736.0402: settlor capacity, intent to create a trust, a definite beneficiary (with limited exceptions), and a trustee with duties, where the same person is not the sole trustee and sole beneficiary.
Do I need a self-proving affidavit on my Florida will?
It isn’t required for validity, but without one the will may require witness testimony to be admitted to probate.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, and will disputes from St. Petersburg. If you need a estate planning lawyer in St. Petersburg for wills and trusts done right, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
