Yes. Florida law allows electronic wills when they are executed in compliance with Chapter 732 and the remote online notarization requirements in Chapter 117. When done correctly, they carry the same legal effect as a traditional will.

You can complete the execution of a will online using a Florida online notary, but legal advice and document preparation are separate issues. The execution must still follow Florida law, including proper witnessing, notarization, and custody.

A Florida electronic will is a legally valid will that is created, signed, witnessed, notarized, and stored in digital form. There is no paper original. The electronic file itself is the official will.

The will is signed electronically during a live audio-video session with a Florida online notary and two witnesses. All parties must be present in real time, and the notary supervises the signing process from start to finish.

Yes. You can sign from anywhere, including outside the United States, as long as the notary is physically located in Florida and the session complies with Florida’s remote notarization requirements.

Yes. Florida requires two witnesses for both electronic and traditional wills. Remote witnesses are allowed if the statutory requirements are followed.

Remote online notarization uses secure audio-video technology to verify identity, conduct the signing ceremony, and record the session. The notary oversees the process and ensures compliance with Florida law.

Identity is verified using government-issued identification combined with credential analysis and biometric identity proofing to confirm the signer’s identity during the session.

The signing is a formal legal ceremony conducted by the notary. The notary verifies identity, confirms all participants are present, and guides the testator and witnesses through the required acknowledgments. The testator must declare that the document is their will and that they are signing voluntarily. The witnesses observe this acknowledgment and sign in the correct sequence while connected live.

Florida law requires specific questions to be asked when remote witnesses are used. These include questions about whether the signer has any impairments, who is present in the room, whether anyone assisted with the session, and whether anyone helped prepare the document. These questions must be asked on the record and are part of the legal validity of the process.

Possibly, but Florida law places specific safeguards around what it calls a “vulnerable adult” when remote witnessing is involved.

A vulnerable adult generally refers to someone whose ability to perform normal daily activities or care for themselves may be impaired due to age, illness, disability, or cognitive limitations. This does not automatically prevent someone from signing a valid will. Capacity is still the key legal standard. However, it does affect how the will can be executed.

When a Florida electronic will is being signed using remote witnesses, the law requires the signer to answer screening questions about impairments, need for assistance, and living conditions. These questions are designed to identify situations where the signer may be at higher risk of undue influence or coercion.

If the signer indicates certain conditions—such as needing assistance with daily care or having impairments that affect independence—Florida law does not allow the use of remote witnesses for that execution. In those cases, the will can still be signed, but the witnesses must be physically present with the signer at the time of execution.

This is an important distinction. The law is not saying the person cannot sign a will. It is saying that a fully remote execution is not appropriate in those circumstances, and additional in-person safeguards are required.

The notary is required to ask these questions on the record and evaluate the responses as part of the ceremony. If the answers trigger the statutory restriction, the process must shift to a format that includes physically present witnesses to ensure the will is valid and defensible.

Yes, but they must be physically located within the United States or a U.S. territory, and the session must comply with Florida’s remote witnessing rules.

Yes. Florida law requires the entire audio-video session to be recorded and retained.

The recording provides evidence of identity, intent, and proper execution. It can be critical if the will is ever challenged in probate.

A self-proving will includes sworn statements from the testator and witnesses, allowing the will to be admitted to probate without requiring testimony later.

This is done during the notarization ceremony when the notary administers the required affidavits and ensures the correct statutory language and procedure are followed.

A qualified custodian is the entity responsible for storing and maintaining the electronic will after it is signed.

Yes. Under Florida law, an electronic will must designate a qualified custodian in the will itself in order to be self-proving.

This is not optional language or a best practice. It is a statutory requirement. If the will does not designate a qualified custodian, it is not self-proving.

A self-proving will is what allows the document to be admitted to probate without having to locate witnesses or present additional testimony. Without that status, the court can require proof of execution, which introduces delay, cost, and potential complications.

The qualified custodian is the party responsible for maintaining the original electronic will and the associated records, including the notarization and execution data. Florida law requires that the custodian maintain the will in a secure system and preserve its integrity over time.

Because an electronic will has no paper original, the legal system relies on this controlled custody to establish authenticity. That is why the designation must be included in the will itself. It ties the document to a specific custodian who can later certify and produce the will when needed.

If the will does not include a qualified custodian designation, it does not meet the statutory requirements for a self-proving electronic will.

They securely store the original electronic will, maintain associated records, and ensure the document remains intact and unaltered.

No. Personal storage breaks the chain of custody and undermines the legal reliability of the document.

It may lose its self-proving status and could require additional legal steps to validate in probate.

When done correctly, an electronic will provides strong protections through identity verification, recorded execution, and controlled custody.

You begin by preparing your will document, then scheduling a compliant online notarization session with witnesses and a Florida online notary.

Because signing creates the will, but custody preserves it. Without proper custody, the electronic will may not hold up when it is needed.

Yes. Your electronic will and any related estate planning documents are stored using a secure, encrypted system designed specifically for highly sensitive records.

FDS uses Tresorit secure vault storage, a zero-knowledge, end-to-end encrypted platform. Zero-knowledge encryption means that the platform itself cannot access or read your files. Your documents are encrypted before they are uploaded and remain encrypted at all times unless accessed by an authorized party.

This structure creates a clear separation of access. The storage provider cannot view your electronic will or estate documents, and your files are not exposed to third parties, scanning systems, or data mining. At the same time, FDS maintains controlled access as the designated qualified custodian so we can meet our legal obligations, including preserving the original electronic will and producing certified copies when required for probate.

All access is restricted, monitored, and limited to authorized use only. Your records are not publicly accessible and are not stored in open or unsecured environments.

In practical terms, your electronic will and estate documents are protected by both Florida’s qualified custodian requirements and advanced encryption technology, ensuring confidentiality while still maintaining the ability to retrieve and certify the document when it matters.