Ronald A. Jones, PA, Attorney at Law
Validity of out of state wills in Florida
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Some Common Questions
Basic Estate Planning in Florida
Common Law Marriage in Florida
What do I do if I find my father had a gun?
Validity of out of state wills in Florida
Do I need to bring a probate?
Probate Process in Florida
Intestate Estates in Florida
Living Trust Alternatives
Duties of Personal Representative
Why Living Trusts Don't Avoid Probate in Florida
Will a revocable trust provide asset protection for me in Florida?
My father died and cut me out of the will
Can I contest or challenge a will?

Is my out of state will valid in Florida?

Maybe. Florida will recognize out of state wills under most circumstances, provided the will that was drawn up complied with the law in the state that it was drawn up in at the time it was drawn up. However, Florida will not recognize what are termed "holographic" wills, which are wills in the handwriting of the person who died, signed by them, but not witnessed. Even if the state you came from recognizes holographic wills, Florida will not recognize them.

If your old will was drawn up by an attorney, chances are that it is valid in Florida. However, just because the will may be valid does not mean that it is ideal. Florida has very specific laws regarding how wills are proven, and trying to track down out of state witnesses years or decades after the will was signed can be difficult and expensive. Likewise, Florida has specific laws regarding limitations on how you can leave your property; two of the trickiest areas are 'homestead' dealing with your Florida home, and what is called an 'elective share' which deals with what the surviving spouse is entitled to if they are not happy with what they receive under your will.

The point here being that if you have moved to Florida from out of state, it is probably wise to have a Florida attorney review your current will.


Ronald A. Jones, PA, 15600 A S US Hwy 441 Summerfield FL (352) 347-2288