Since July 1, 2020, Florida has allowed residents to create fully digital Last Wills & Testaments under the Florida Electronic Wills Act. This law modernized estate planning by permitting Last Wills to be signed, witnessed, and notarized online-but only if strict legal requirements are followed.
So, which is better: a traditional paper Will or an electronic Will? Here is a clear, practical breakdown from a Florida legal perspective.
Traditional Paper Wills: The Time-Tested Approach
A traditional Will in Florida must:
- Be in writing
- Be signed by the person making the Will (the “testator”)
- Be signed by two witnesses
- Be signed with everyone physically present together
If properly executed, paper Wills are widely accepted by Florida probate courts and do not require digital storage or third-party custodians.
Advantages
✔ Simple and familiar
✔ No technology required
✔ No digital storage risks
✔ Straightforward probate process
Important Limitation
You cannot sign a paper Will remotely using online notarization. Florida law requires physical presence for traditional Wills.
Electronic Wills: Fully Digital Execution
Under the Florida Electronic Wills Act, a Last Will may be:
- Created as a digital document (PDF)
- Signed electronically
- Witnessed remotely
- Notarized through Remote Online Notarization (RON)
- Stored electronically by a qualified custodian
However, this process involves multiple legal safeguards.
How Electronic Signing Works in Florida
1. Identity Verification
Before signing begins, the Remote Online Notary must verify identity using:
- Credential Analysis – Your government-issued ID is scanned and digitally analyzed for fraud detection.
- Knowledge-Based Authentication (KBA) – You must answer security questions based on public records and credit history (typically 4 out of 5 correct within 2 minutes).
You will also answer required screening questions confirming:
- You consent to remote notarization
- The session is recorded
- You understand the document
- You are signing voluntarily
2. Qualified Custodian Requirement
An electronic Will is only valid if it is stored by a Qualified Custodian from execution through probate.
The custodian must:
- Be a Florida resident or Florida-based company
- Not be a beneficiary
- Maintain a $250,000 surety bond
- Maintain liability insurance
- Store the tamper-evident digital record
- Retain the audio-video recording of the signing ceremony
If the electronic record or recording is lost, a court could treat the Will as lost or destroyed – potentially complicating probate.
3. Witness Rules
You still need two witnesses (age 18+). They may sign remotely – unless you are considered a legally defined “vulnerable adult.” In that case, witnesses must be physically present in the room during signing.
Why You Cannot Use Remote Notarization for Paper Wills
Florida law makes a strict distinction:
- Paper Wills require in-person signing.
- Electronic Wills allow remote signing-but only if created and stored electronically from the start.
You cannot sign a paper Will over Zoom and later claim it is valid. If you want remote signing, the document must be executed as a formal electronic Will under statutory procedures.
Converting a Paper Draft to an Electronic Will
If you already have a drafted paper Will, you can:
- Convert it to PDF
- Upload it to a Florida-compliant RON platform
- Execute it electronically with two witnesses
- Assign a Qualified Custodian
Afterward, the paper draft should be clearly marked “Void” to prevent confusion.
Which Option Is Better?
For many clients, a traditional paper Will remains the simplest and most predictable option.
Electronic Wills can be convenient if:
- You are out of state
- Scheduling in-person meetings is difficult
- You prefer digital document management
However, electronic Wills require more technical coordination and carry additional compliance risks if procedures are not strictly followed.
The Bottom Line
Florida now offers two legally valid ways to create a Last Will-but the rules are very different.
- If you sign on paper → everyone must be physically present.
- If you sign electronically → you must follow the strict statutory process, including identity verification and qualified custodial storage.
Because Last Wills & Testaments are only reviewed after death, errors are discovered too late to fix. Whether paper or electronic, proper legal guidance ensures your Last Will is valid, enforceable, and carried out as intended.
If you are unsure which format is best for your situation, consulting an experienced Florida estate planning attorney can help you make the right choice for your family and your legacy.
The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.
If you have any additional questions regarding the foregoing or have any legal issues or concerns, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.