It depends. The general rule is that in Florida, any out-of-state Will is valid as long as it complies with the laws of the state in which it was drafted and executed. Therefore, if the Will was valid in the previous state, it will most likely be valid in Florida and enforceable.
However, not all out-of-state Wills are valid under Florida law. For example, in California a handwritten will, not witnessed or notarized (holographic will) is valid, but if that person becomes a Florida resident that Will is no longer valid under Florida law. Holographic and oral wills are not valid in Florida. Additionally, Florida law may not interpret your Will the same way as another state.
Another factor to consider is your named personal representative or executor. In Florida, if the person you have selected to be your personal representative is not a Florida resident or is not related to you, the Will may still be valid, but your named personal representative will not be able to serve. Florida law specifies that a person’s personal representative must be a blood relative, the spouse of a blood relative, or if a non-blood relative, then he or she must be a resident of Florida. Additionally, that named individual must be able to perform their duties and cannot be a convicted felon.
It is critical to understand all of the nuances of your Will and consult with a Florida estate planning attorney to review your current documents and determine what is the best course of action. At JP Law and Wealth Advisors PLLC, our goal is to make sure that your family legacy is protected. Contact us for a free consultation.
