"Can I just make my will online?" In Florida, the answer is genuinely yes — but with important conditions. Florida recognizes fully electronic wills, signed and witnessed remotely, with the same legal force as a paper will. The catch is that the convenience of "online" does not relax any of the legal formalities. A guided, attorney-reviewed online process works; a fill-in-the-blank form that skips the statutory steps does not.
Florida's Electronic Wills Act
Under the Florida Electronic Wills Act (F.S. §§ 732.521–732.525), effective July 1, 2020, Florida became one of the earliest states to authorize electronic wills. An "electronic will" is a testamentary document created and maintained in an electronic record, signed electronically by the testator and witnesses. When executed in compliance with the Act, it carries the same legal effect as a traditional will under F.S. § 732.502.
How an Online Will Is Signed in Florida
An electronic will must still satisfy the core formalities — the "online" part changes the medium, not the requirements:
- Electronic signature by the testator on the electronic document.
- Two witnesses, who may appear by real-time audio-video communication rather than in the same room (subject to the vulnerable-adult exception below).
- A notary public who supervises the signing through Florida's remote online notarization (RON) process and verifies the testator's identity.
- Storage with a qualified custodian, which keeps the electronic record secure and produces a certified copy for probate.
Remote Online Notarization (RON)
Florida's RON framework allows a commissioned online notary to notarize documents over a secure audio-video connection, with identity verification and a recorded session. RON is what makes a fully remote will signing possible — the testator, witnesses, and notary can be in different locations and still complete a valid execution.
The Vulnerable-Adult Exception
What Is a "Qualified Custodian"?
An electronic will is not simply saved as a PDF on your laptop. Under F.S. § 732.524, it is typically held by a qualified custodian — a company meeting Florida's statutory standards for securely storing electronic wills, maintaining a tamper-evident audit trail, and producing the record when needed. An electronic will held by a qualified custodian is generally treated as self-proved, streamlining probate.
Online Will vs. Attorney-Reviewed Online Plan
"Making a will online" can mean two very different things:
| Consideration | Generic DIY Form Site | Attorney-Reviewed Online Plan |
|---|---|---|
| Florida-specific drafting | Often generic / multi-state | Drafted to Florida law |
| Homestead & elective-share issues | Usually ignored | Addressed |
| Proper execution & witnessing | Left to the user | Guided & compliant |
| Attorney review before signing | None | Yes |
| Convenience | High | High |
The biggest risks with generic forms are Florida-specific: homestead devise restrictions and the spousal elective share. These are exactly where a form that "works in any state" produces a will that fails in Florida.
Frequently Asked Questions
Related Reading
- How to Make a Will in Florida — the full execution requirements.
- Florida Will Requirements: Is Your Will Valid? — what makes a will hold up.
- The Florida Revocable Living Trust — the document that avoids probate entirely.
Make Your Florida Will Online — the Right Way
Convenience plus attorney review. Answer a few guided questions and Cornerstone prepares your Florida-compliant will and estate plan, reviewed by Arthur Simpson, Esq. before you sign.
Start Online →This article is for general informational purposes and does not constitute legal advice. Estate planning is highly fact-specific. Consult a licensed Florida estate planning attorney regarding your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida.