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By Spiro Verras

Florida law now permits electronic wills that meet its statutory requirements. This article originally discussed an earlier legislative proposal. The former statement that Florida had not authorized electronic wills is no longer current.

An electronic document still needs valid execution

An electronic will is not simply an unsigned document on a computer or a scanned copy of a paper will. Florida’s electronic-will provisions must be read together with the requirements for signing, witnessing, and any applicable online notarization. A document’s electronic format does not dispense with the testator’s capacity or the need for a voluntary act.

Florida’s statutes address how electronic signatures can satisfy execution requirements. When witnesses participate through authorized audio-video technology, additional rules apply. Remote participation should not be improvised using an ordinary video call without checking the applicable procedures and safeguards.

Self-proof, custody, and access after death

A self-proving will can simplify the later process of establishing execution. Florida sets specific conditions for an electronic will to be self-proved, including requirements concerning its custody. Qualified custodians have statutory duties relating to preservation and delivery of the electronic record.

Those details have practical consequences. The people responsible for your estate need to know that the will exists, who holds it, and how the appropriate record will be obtained after your death. Keeping a convenient PDF on a device is not necessarily the same as satisfying the statutory requirements for an original electronic will or its self-proving status.

Choose the signing process that fits the plan

Electronic execution can offer convenience in some circumstances, but the right process depends on the documents, the client’s needs, and the protections available. A will also addresses only part of an estate plan. Powers of attorney, health care documents, trusts, and deeds have their own requirements.

Our usual practice is to sign Florida estate-planning documents in person at our Palm Harbor office, with the required witnesses and notarization coordinated for the particular documents. Alternative signing arrangements are considered only after review of illness or other extraordinary circumstances. Zoom and teleconference consultations remain available, and Tampa and St. Petersburg are available for consultations by appointment.

We can explain the options and help arrange an appropriate process for your estate plan. The goal is a set of documents that reflects your wishes and is properly completed, preserved, and usable when needed.

Sources: Florida execution of electronic wills; Self-proof of electronic wills; Qualified custodians.

Updated October 26, 2026.