The Short Answer

In Florida, you generally update your estate plan by signing a new will (or a properly executed revocation document) that revokes the prior will—there is no requirement to “file” your will with the court while you are alive. The key is making sure the new document is executed with Florida’s required formalities so it will be enforceable when it matters.

What Florida Law Says

Florida law allows an earlier will (or part of it) to be revoked by a later will/codicil that is inconsistent, or by a later writing that declares the revocation—so long as the later document is executed with the same formalities required for wills. In other words, “automatic revocation” happens through a valid later instrument, not through court filing.

The Statute

The primary law governing this issue is Fla. Stat. § 732.505.

This statute establishes that a will or codicil (or any part of either) can be revoked by a subsequent inconsistent will/codicil, or by a subsequent will/codicil/other writing executed with will formalities that declares the revocation.

Just as important, Florida requires specific signing and witnessing rules for a will to be valid. Those execution requirements are set out in Fla. Stat. § 732.502.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Formalities (Validity): If the new will (or revocation writing) is not executed exactly as Florida requires, the “revocation” may fail—creating a fight over which document controls.
• Burden of Proof (Probate Litigation Risk): If multiple versions exist, the estate may face disputes about inconsistency, intent, capacity, undue influence, or whether the “latest” document is authentic.
• Exceptions and Unintended Results: A codicil can change parts of a will, but it can also create confusion about what was republished or modified. And if an original will is lost, Florida cases often involve arguments about whether it was revoked—issues that can derail probate. (Related reading: Can a Lost or Destroyed Will Still Be Probated in Florida? and Can I Probate a Copy of a Lost Will in Florida Without It Being Treated as Revoked?.)

Trying to handle this alone can lead to an invalid will, competing documents, or a probate dispute that costs the estate far more than having the will updated correctly in the first place.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.