Are Out-of-State Wills Valid in Florida?

You’ve made the move to Florida—maybe for retirement, work, or just a better quality of life. But now you have questions about establishing yourself and your loved ones. Something you might ask yourself is, Do I need a new will if I move to Florida? It’s a common—and important—question. And you should speak to an experienced estate planning attorney in Florida before you leave your will as is or make drastic changes.

At Bucelo Diaz Law, we have years of top-rated estate planning experience in the state of Florida. Our team often serves clients who have moved from another state and aren’t sure whether their current estate plan still works in Florida. The good news? Your will may still be valid. The better news? We can help you make sure. 

General Rules for a Valid Will in Florida

Under Florida estate planning rules, a valid will must be:

• In writing,
• Signed by the testator (the person making the will),
• Witnessed by two people, and
• Signed by the witnesses in the presence of the testator and each other.

A testator must also be at least 18 (or legally emancipated) and of sound mind.

Do I Need a New Will If I Move to Florida?

So, does a will have to be done in the state you live in? No, a will does not have to be created in your home state, but it must follow the laws of the state where it was signed to be valid. Most states recognize wills from other states if properly executed, but updating your will after moving helps avoid probate issues.

If you live in Florida, maybe not. Florida generally accepts out-of-state wills if they follow specific rules. 

A will that a nonresident executes is valid in Florida if it is valid according to the laws of the state or country where they executed it. However, there are a few important exceptions to note. Florida does not typically accept out-of-state wills that are:

• Holographic, i.e., handwritten and not witnessed according to Florida requirements; or
• Nuncupative, i.e., made orally and not written.

Even if these types of wills are valid in the place where they are made, Florida will not recognize them. 

While Florida may accept an out-of-state will, administering it could become complex and frustrating. So, updating your estate planning documents after a move is often wise.

Personal Representatives for Out-of-State Wills

Even if your out-of-state will is valid, the person you named to handle your estate (your personal representative) must meet Florida’s legal requirements.

In general, for a nonresident to be a personal representative, they must be:

• Related to you by blood or adoption,
• Your spouse, or
• The spouse of an above-mentioned relative.

This rule may catch many people off guard. If your representative lives out of state and isn’t a close relative, they likely cannot legally administer your estate in Florida. And if the representative you choose doesn’t qualify in Florida, people with a majority interest in your estate or a Florida judge may appoint someone else to do the job.

Submitting an Out-of-State Will to Probate

When you pass away with a valid will, an interested party can submit your will to probate. During the probate process, a personal representative does the following:

• Takes an inventory of your estate,
• Notifies interested parties about the probate,
• Pays your debts, and
• Distributes the remainder of your assets to your beneficiaries.

To start probate in Florida, an interested party must submit an authenticated copy of your out-of-state will and any necessary in-state or out-of-state probate petitions or orders. These can be extra and daunting steps for a grieving loved one, but Bucelo Diaz Law can walk you through creating an estate plan that makes probate easier.

Who Needs to Write a New Will After Moving?

Are you still wondering, Do I need a new will if I move to another state? The answer depends on your circumstances. 

If your will was legally valid in your old state, Florida will likely honor it, but that doesn’t mean Florida probate will work as you hoped.

Ultimately, it is in your best interest to have a Florida estate planning attorney review your will for needed updates, especially regarding Florida’s probate laws and tax rules.

Each state has different laws. A will that seems standard in New York or California might not be as simple in Florida. Our experienced team can help identify potential pitfalls in your will and craft new terms that reflect your wishes and comply with Florida law.

We Can Help Secure Your Family’s Future

You worked hard to build your legacy. Don’t leave its future to chance. At Bucelo Diaz Law, we can help make sure your estate plan is strong, Florida-compliant, and fully protects the people you love. Our lead attorney has more than 14 years of legal experience guiding families through this process, and our team is ready to support and guide you. Call us or contact us online today to schedule an appointment.

Resources:

• Preference in appointment of personal representative, Fla. Stat. § 733.301, link.
• Ancillary administration, Fla. Stat. § 734.102, link.

Our Weston office is at 2645 Executive Park Dr Suite 643, Weston, FL 33331.

Our Ocala office is at 35 SE 1st Ave 2nd Floor, Ocala, FL 34471.