Will execution, courts: Florida vs. Texas

How Florida and Texas differ on witness requirements for a will, and which court has jurisdiction over a trust dispute in each state.

Florida and Texas set different rules for how a will must be witnessed, and different rules for which court hears a trust dispute. This page compares those two points only. It does not cover which court hears a contested will in either state; that depends on additional rules this page does not address.

This is general information, not legal advice, and it is not a substitute for advice from a lawyer admitted in the relevant state.

How many witnesses does a Florida will need?

Florida requires the testator's signing, or their acknowledgment of a signature already made, to happen in the presence of at least two attesting witnesses. Those witnesses must sign the will in the presence of the testator and in the presence of each other.

Source: Fla. Stat. §732.502, Execution of wills

A Florida will or codicil, or any part of either, is not invalid because it is signed by an interested witness, for example a beneficiary.

Source: Fla. Stat. §732.504, Who may witness

How many witnesses does a Texas will need?

Texas's default rule also requires witnesses. A will must be in writing, signed by the testator (or by someone else in the testator's presence and under the testator's direction), and attested by two or more credible witnesses who are at least 14 years old, subscribing their own names to the will in the testator's presence.

Source: Tex. Est. Code §251.051, Formal Requirements

Texas makes an exception: a will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses.

Source: Tex. Est. Code §251.052, Written Wholly in Testator's Handwriting

Texas runs the other way on interested witnesses. If a devisee under a will is also a subscribing witness and the will cannot otherwise be established, the bequest to that witness is void, unless a disinterested and credible person corroborates the witness's testimony. Florida saves the will; Texas voids the bequest to the witness instead.

Source: Tex. Est. Code §254.002, Bequests to Certain Subscribing Witnesses

Which court has jurisdiction over a trust dispute?

Florida's circuit court has original jurisdiction, in this state, of all proceedings arising under Florida's trust code.

Source: Fla. Stat. §736.0203, Subject matter jurisdiction

Except as provided elsewhere in the same section, a Texas district court has original and exclusive jurisdiction over proceedings by or against a trustee and proceedings concerning trusts. That exception includes a statutory probate court.

Source: Tex. Prop. Code §115.001, Jurisdiction

Which court hears a contested will, as opposed to a trust dispute, is not covered here in either state. That question turns on additional rules, including county-level rules in Texas, that sit outside the scope of this comparison.

Why this matters if you are questioning a will or a trust

Witness formalities are one of several grounds a will can be challenged on. Grounds for contesting a will covers improper execution alongside the other categories, in general terms that apply across states.

A will contest and a trust dispute are not the same proceeding, and the difference matters beyond which court has jurisdiction. Will disputes and trust disputes are not the same fight covers how the two differ.

This page compares two specific rules in two states as a starting point, not a complete statement of either state's law. Formalities and jurisdiction rules can change, and a lawyer admitted in the relevant state can confirm the current position for a specific situation.