Overview
Usually, yes, an out-of-state will is valid in Florida if it was valid where you signed it before moving here.
When an Out-of-State Will Is Not Valid in Florida
Florida generally rejects these, even if your old state allowed them:
- Handwritten wills signed without witnesses (called holographic wills).
- Oral wills, meaning wills that were only spoken.
Why a Review Still Makes Sense
Parts of your will may work differently under Florida law. Florida homestead rules, which cover the home you live in, usually limit who can inherit it if you leave a spouse or minor child. An out-of-state personal representative, the person who handles your estate, generally must be a close relative.
What About a Self-Proving Affidavit?
A self-proving affidavit, a notarized statement you and your witnesses sign, lets the court accept your will without calling witnesses. In probate, the court process for settling an estate, Florida generally honors one made under your old state's law.
Questions about your Florida estate plan? Call Karia Law at (954) 281-9989 or send a contact request at karialaw.com/contact.
Disclaimer: This is an advertisement. This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Laws vary and individual circumstances differ. Consult a licensed Florida estate planning attorney for advice specific to your situation. Tejus Karia, Esq. is a member of The Florida Bar.