Are Online Wills Valid in Florida? Electronic Will Rules for 2026

Online will makers promise a finished will in twenty minutes for less than the cost of a dinner out. For many Florida families, that sounds like a sensible shortcut. But a will is only useful if a Florida probate court will accept it, and the rules for doing that are stricter than most websites make clear.

This guide explains whether an online will is valid in Florida, how Florida’s electronic will law works in 2026, the steps you must follow if you make a will online, the most common DIY will mistakes, and how to find or get a copy of a will after someone dies.

What Counts as an Online Will?

People use the term “online will” for three very different things:

The format does not decide whether a will is valid. The signing does. That is the same rule that applies to handwritten wills, which is explained in are handwritten wills valid in Florida.

Florida’s Basic Will Requirements

Every Florida will, whether written by hand, printed from an online will maker, or drafted by an attorney, must meet these requirements:

1. You are at least 18 and of sound mind.
2. The will is in writing.
3. You sign at the end of the will.
4. Two witnesses watch you sign (or watch you acknowledge your signature).
5. Both witnesses sign in your presence and in the presence of each other.

A notary is not required for the will to be valid, but adding a notarized self-proving affidavit lets the court accept the will without tracking down the witnesses later. Most attorneys include one in every will. The full process is covered in how to make a legal will in Florida.

Florida Electronic Will Rules in 2026

Florida has allowed electronic wills since July 1, 2020, under the Florida Electronic Wills Act. An electronic will is signed with an electronic signature and kept as an electronic record instead of on paper. The core rules have not changed in recent legislative sessions, so these are the rules in place for 2026.

How an Electronic Will Can Be Witnessed

An electronic will must still have two witnesses. They can be:

• Physically present with you when you sign electronically, or
• Present remotely by audio and video, but only through a Florida online notary process. The online notary must be physically in Florida, the remote witnesses must be in the United States, and your identity must be verified electronically. The entire session is recorded.

Extra Protections for Vulnerable Adults

Before remote witnessing, the platform must ask whether you are under the influence of drugs or alcohol, whether you have a condition that impairs your daily living activities, and whether you need help with daily care. If you answer yes to any of these, remote witnessing cannot be used, and your witnesses must be physically present. A will signed remotely by someone later proven to be a vulnerable adult is not valid.

Qualified Custodians

An electronic will can be self-proved only if it is kept by a qualified custodian, a Florida-based person or company that stores the record securely, carries a bond or insurance, and certifies after your death that the will was not changed. The custodian must deposit the will with the clerk of court after learning of your death. A certified paper copy can then be used in probate.

Revoking an Electronic Will

Deleting an electronic file is not a reliable way to cancel a will. The safest way to revoke an electronic will is to sign a new will that expressly revokes it.

How to Make a Will Online the Right Way

If you decide to create a will online, these steps give it the best chance of holding up in a Florida court:

1. Choose a service that offers a Florida-specific form, not a generic national template.
2. Answer every question carefully, including backup beneficiaries and a backup personal representative.
3. Print the will, or use a platform that offers Florida-compliant electronic signing with an online notary.
4. Sign in front of two adult witnesses who are together with you at the same time, and have them sign in front of you and each other.
5. Add a self-proving affidavit signed before a notary.
6. Store the original safely and tell your personal representative where it is.
7. Check your accounts and deed. Beneficiary designations and joint accounts pass outside your will and should match it.

Risks of a DIY Will in Florida

A DIY will can be valid and still fail to do what you intended. These are the most common problems we see with online will preparation:

• Signing mistakes. Witnesses who were not present at the same time, or no witnesses at all, make the will invalid.
• Florida homestead rules. If you leave a spouse or minor child, Florida limits who can inherit your home. Online forms often let you leave the house to someone the law will not allow. These rules are explained in Florida homestead law and estate planning.
• The wrong personal representative. Florida only allows a person who lives out of state to serve if they are a close relative.
• No plan for children’s money. Leaving money directly to a minor may require a court guardianship. A trust for children solves this, as covered in estate planning for young families in Florida.
• Unclear disinheritance language. Simply leaving someone out can invite a challenge. The right wording is covered in can you disinherit a spouse or child in Florida.
• A will does not avoid probate. Many people expect an online will to keep their family out of court. It does not, as explained in does a will avoid probate in Florida.
• Nothing for incapacity. A will only works at death. You also need a durable power of attorney and healthcare documents.

Online Will vs. Attorney-Prepared Will

An online will can be a reasonable starting point for a young, single person with few assets. For homeowners, parents, blended families, and anyone who wants to keep their family out of probate, a Florida wills attorney is usually worth the cost. At The Schoonover Law Firm, a will package including a power of attorney, healthcare surrogate, and living will typically runs $800 to $1,500 as a flat fee, which is explained in flat fee estate planning. If avoiding probate matters to you, a revocable living trust may be the better choice, as compared in will vs. trust in Florida.

How to Find a Will in Florida After Someone Dies

Florida does not have a statewide will registry, so finding a will usually takes some detective work. Here is where to look:

1. Personal papers. Check home files, desks, safes, and fireproof boxes.
2. The family attorney. Many attorneys keep original wills for their clients. Look for letters or invoices from a law firm.
3. The clerk of court. Anyone holding an original will must deposit it with the clerk of court in the county where the person lived within 10 days of learning of the death. Some Florida clerks also accept wills for safekeeping during a person’s lifetime.
4. A safe deposit box. Florida law lets certain people, such as a spouse or named personal representative, open a deceased person’s safe deposit box in the presence of a bank officer to search for a will. A will found there is delivered to the clerk.
5. A qualified custodian. If the person signed an electronic will, a qualified custodian should be holding it and will deposit it with the court.
6. Online will services. If the person used an online will maker, check their email and accounts for a saved copy, although only the signed original can be filed.

How to Get a Copy of a Will in Florida

Once a will is deposited with the clerk or filed in a probate case, it generally becomes a public court record. To get a copy:

• Search the clerk’s probate records in the county where the person lived. Many counties, including Miami-Dade, offer online case search.
• Request a plain or certified copy from the clerk’s office, usually for a small per-page fee.
• Ask the personal representative, who must send a copy of the will to beneficiaries with the notice of administration in a formal probate case.

If you are a beneficiary or family member trying to understand the next steps, the guide on what happens after someone dies in Florida explains the process, and our probate services can help you open the estate through summary administration or formal administration.

Frequently Asked Questions