If a Will Is Not Properly Signed: What Happens in Florida Probate

Disclaimer: This information is educational only and is not legal advice. For advice about a specific situation, consult a licensed Florida probate attorney.

Detailed answer

Under Florida law, certain formal requirements govern whether a will is validly executed and eligible for probate. If a will is not properly signed or witnessed, the probate court may refuse to admit it. When that happens, the decedent’s property will generally be handled under Florida’s intestacy rules unless another legal remedy applies.

What counts as a properly signed will in Florida?

Florida requires a will to be in writing, signed by the testator (or by someone at the testator’s direction and in the testator’s presence), and signed by two attesting witnesses who sign in the presence of the testator and each other. See Florida Statute 732.502 for the exact language and rules: Fla. Stat. 732.502.

Common defects that cause a will to be treated as invalid

The testator did not sign the document.
Fewer than two valid witnesses signed.
Witnesses did not sign in the presence of the testator or each other.
The signature was obtained by fraud, undue influence, or while the testator lacked capacity.

Immediate consequence: probate court may refuse to admit the will

If the personal representative (or someone else) presents the will for probate and the court finds it does not meet Florida execution rules, the court can decline to admit it. If the will is not admitted, the estate will be treated as if the decedent died intestate (without a valid will), and assets will pass under Florida’s intestacy provisions. See Chapter 732 of the Florida Statutes for intestacy and related rules: Fla. Stat. Ch. 732.

How intestacy changes distribution and administration

When an estate is intestate, Florida law sets who inherits and in what order (surviving spouse, descendants, parents, siblings, etc.). Intestacy can produce results very different from what a defective will intended. Intestacy also affects who the court appoints as personal representative and how quickly assets can be transferred.

Possible ways to avoid invalidation or to overcome a defective signature

Admission under the laws of another jurisdiction: Florida will admit a will that was validly executed under the law of the place where it was signed, or under the law of the place where the testator was domiciled, had a domicile of choice, or was a resident at the time of execution. See Fla. Stat. 732.502(2): Fla. Stat. 732.502.
Self-proved affidavit: If the will included a valid self-proving affidavit, admission to probate is usually easier because the affidavit serves as proof of proper execution. See Fla. Stat. 732.503 for the self-proving affidavit form and effect: Fla. Stat. 732.503.
Presenting additional evidence: If witnesses are available, their testimony about the signing event and the testator’s intent can help. Courts evaluate evidence and may admit a will if it satisfies statutory rules or other recognized legal doctrines.
Petitioning the court: Interested persons can petition the probate court to determine whether the instrument is a valid will, to admit a lost or destroyed will (with proof that it existed and was not revoked), or to resolve disputes about intent or capacity.

Practical consequences beyond distribution

Delays in administration. Probate may take longer while the court resolves validity disputes.
Higher costs. Litigation and attorney fees commonly increase when a will is contested or rejected.
Family disputes. An invalid will often prompts disagreements among potential heirs who inherit under intestacy.
Title and transfer complications. Banks, land records, and third parties may require court orders before releasing assets without an admitted will.

Hypothetical example

Hypothetical facts: Maria left a written document naming a friend as her primary beneficiary and signed it. Only one witness signed; the second witness was unavailable. At probate, the court finds the will lacks the required two attesting witnesses and declines to admit it. Result: Maria’s estate moves to intestate probate under Florida law. Her spouse and children (if any) receive property according to the statutes in Chapter 732 rather than according to Maria’s intended plan.

Helpful hints

Do not distribute assets before the court approves. Unauthorized distributions can create personal liability.
Locate the original document. Copies are less persuasive than originals; if the original is missing, collect evidence about why it is missing and whether it was revoked.
Look for a self-proving affidavit. That can simplify admission.
Find and speak to the witnesses. Attesting witnesses can provide testimony or affidavits about execution and capacity.
Gather supporting documents showing the testator’s intent: earlier drafts, emails, letters, or discussions that corroborate the will’s terms.
Check whether the will was executed in another state or country. If so, a will valid where signed may still be admitted in Florida under Fla. Stat. 732.502(2): Fla. Stat. 732.502.
Contact a Florida probate attorney quickly. A lawyer can advise whether to petition to admit the will, pursue admission of a lost will, or proceed under intestacy and can explain likely timelines and costs.

If you need help finding a probate attorney in Florida, consider contacting your county bar association or the Florida Bar for referral services.

Final note: This overview explains common outcomes and options but cannot predict results in any particular case. For specific legal advice, talk with a licensed Florida attorney who practices probate law.