In short: Florida recognizes electronic wills, and witnesses can participate remotely, but only in an online notarization session supervised by a notary under § 117.285 (§ 732.522). Remote witnessing doesn’t count for a principal who is a vulnerable adult; those witnesses must be physically present. A handwritten will is valid only if signed and witnessed like any other will, and form wills fail in predictable ways, as the Florida Supreme Court showed in Aldrich v. Basile (2014).
Matt’s series on this has a name: cheap at the front end, devastating at death. His feed is full of ads for online wills, trusts, and POAs. His desk is full of the cases they create.
Electronic Wills and Remote Witnesses
Florida allows wills to be signed electronically (§ 732.522). When the witnesses aren’t in the room, the signing must be supervised by a Florida online notary in an online notarization session that meets § 117.285. The statute also requires specific questions and a notice about whether the signer may be a vulnerable adult.
The key limit, § 117.285(5)(g): remote witnessing “is not effective for witnessing the signature of a principal who is a vulnerable adult as defined in s. 415.102.” For an elderly parent with any cognitive or physical vulnerability, the witnesses need to be physically present.
The Remote Notary Problem
Matt describes the first remotely notarized deed he saw: it looked unprofessional and lacked everything he expected, and it still checked the legal boxes. A person was walked through a Zoom call and clicked a button without understanding they were signing away property. If someone in your family is being asked to sign anything remotely, slow it down. See deed and document fraud.
Handwritten Wills
A handwritten will is valid in Florida only if executed with the same formalities as any will: signed by the testator at the end and by two attesting witnesses in the presence of the testator and each other (§ 732.502). A notary alone isn’t enough; notarization is for the self-proving affidavit, which helps the will get admitted. Florida doesn’t recognize unwitnessed holographic wills. See will execution requirements.
Form Wills: Aldrich v. Basile
The Florida Supreme Court’s 2014 decision is the warning label. Ann Aldrich used a preprinted “E-Z Legal Form” will. It had no residuary clause. She later inherited money and land from her sister. The Court held that property not disposed of by the will passed by intestacy, not to the person she wanted. Justice Pariente’s concurrence warned that a form’s low cost “has the potential to far surpass the cost of hiring a lawyer at the outset.” The oral argument is embedded below.
What Form Sites Don’t Tell You
Matt’s examples from these videos:
- A homestead can’t be devised away from a minor child or a spouse in violation of the Florida Constitution, no matter what the form says.
- A will without a residuary clause leaves gaps.
- Formalities are missed: wrong witnesses, missing signatures.
- A power of attorney must be signed by the principal, two witnesses, and a notary (§ 709.2105), and some powers need separate initials.
When a Will Looks Wrong
Matt describes a will filed to cut an elderly man out entirely: names and dates were slightly off, and his instinct after 25 years told him to look harder. Suspected forgery is a will contest, with the usual 3-month deadline after service of the notice of administration. See lost and contested wills.
Watch: the videos behind this article
Why You Should NEVER Use a Form Will (Aldrich v. Basile Explained)
Signing Estate Planning Documents on Your Phone: The Legal Risk Nobody Talks About (2026)
CONSUMER TRAP: The Dangerous Fraud in Online Estate Planning!
Is a handwritten will valid in Florida? Most of the time — NO.
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments, posted on the channel. Watch how the judges question both sides. Read the written opinion before relying on any outcome: an argument is not a ruling.
The $5 Will That Wrecked an Estate: Florida Supreme Court Oral Argument — Aldrich v. Basile
Does a Handwritten Note Paperclipped to a Will Change Its Meaning? | Aldrich v. Basil
Lost Will CONTROVERSY: Internet Template Handwriting Valid? | Estate of Watson | 2D23-2604
Go Deeper
- DIY & Online Wills and Trusts in Florida: Why They Fail
- Florida Will Execution Requirements (§ 732.502)
- Original Will in Florida: Deposit, Search & Lost Wills
- Someone Stealing From an Estate in Florida? How to Find Hidden Assets and Get the Money Back
Frequently Asked Questions
Are electronic wills valid in Florida?
Yes. Florida allows electronic wills under § 732.522. If the witnesses aren’t physically present, the signing must be supervised by a notary in an online notarization session that meets § 117.285.
Can a vulnerable adult sign a will with remote witnesses in Florida?
No. Under § 117.285(5)(g), remote witnessing is not effective for the signature of a principal who is a vulnerable adult as defined in § 415.102. The witnesses must be physically present.
Is a handwritten will valid in Florida?
Only if it meets the same formalities as any will: signed at the end by the testator and by two attesting witnesses in the presence of the testator and each other (§ 732.502). Florida doesn’t recognize unwitnessed holographic wills.
What happened in Aldrich v. Basile?
The Florida Supreme Court (2014) held that a woman who used a preprinted “E-Z Legal Form” will with no residuary clause left property she acquired later to pass by intestacy, not to the person she intended. A concurring justice warned that a form’s low cost can be far outweighed by the cost of litigation.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, guardianship, and will disputes from St. Petersburg. If you need a probate litigation lawyer in St. Petersburg or anywhere in Florida, 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.
