“IS MY OUT-OF-STATE WILL VALID IN FLORIDA?”
Most out-of-state Wills are valid in Florida. If the Will is in compliance with the laws of the state in which it was drafted, it will almost always be valid. The one major exception is holographic Wills. Holographic Wills are handwritten by the person whose Will it is, signed by them, but not witnessed. Florida does not recognize holographic Wills, even if it is valid in the state in which it was drafted.
Even if your Will is valid in Florida, it might not be “self-proved”. A self-proved Will is witnessed and signed by two witnesses and a Notary Public. If a Will is not self-proved, the probate court will have to track down the witnesses who will testify as to the validity of the will. This can prove exceptionally difficult if you have an out-of-state Will that was drafted years and years ago. The process of locating witnesses can be time consuming and expensive.
Even if your Will is valid in Florida, certain key provisions still might not be effective under the laws of this State. Some examples are:
- Florida has very specific laws on how you can devise your homestead property.
- Florida provides specific laws for a spouse to take what is called “elective share” if they are not satisfied with what you give them in your Will.
- In Florida, your personal representative must be either related to you by blood or be a Florida resident. If the personal representative you have selected in your Will is neither of these things, this provision of your Will won’t take effect.
Ease your mind and have your out-of-state Will reviewed by a Florida attorney.
Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Largo, St. Petersburg, Dunedin, Palm Harbor and the Tampa Bay area.
For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.