Are Out-of-State Wills Valid in Florida?

Are Out-of-State Wills Valid in Florida?

If a loved one created a will in another state or country and passes away while owning property in Florida, or moved here later, you may wonder if their out-of-state will is valid in Florida? The  good news is that Florida generally honors wills made in other states or countries, but there are important exceptions and rules that can affect whether a will can be admitted to probate here.

When Are Out-of-State Wills Recognized in Florida?

Florida law is fairly generous when it comes to recognizing wills from other jurisdictions. In most cases, a will signed in another state or country is valid in Florida, if:

  • It was valid under the laws where it was originally signed
  • It is not a holographic or nuncupative will

In other words, if the will followed the legal rules in the state or country where it was signed, and if it’s not a handwritten or oral will, Florida will typically accept it for probate.

What Is a Holographic Will- and Why Florida Doesn’t Allow Them

A holographic will is a handwritten will that isn’t witnessed. Even if a handwritten will is perfectly valid in another state (like California), Florida law will not accept it unless:

  • It was signed by the person making the will (the testator)
  • Two witnesses signed it as well, in the presence of the testator

What About Oral (Nuncupative) Wills?

A nuncupative will is a spoken will, often made in emergencies or near death. These are never valid in Florida, no matter where they were created- even if they’re legal in the state or country where the person lived.

What If the Will Deals with Florida Property?

If the will includes real estate located in Florida, it must also meet Florida’s will formalities to be admitted to probate here. This applied even if the person didn’t live in Florida when they died. For example, if someone from New York leaves a Florida vacation home in their will, that will must meet Florida’s rules about how wills are signed and witnessed. Also, if the will has already been admitted to probate in another state, an authenticated copy can be filed in Florida as long as it meets legal requirements.

To ensure a smooth probate process in Florida;

  • Confirm the will is properly executed and witnessed
  • Avoid relying on handwritten or oral wills
  • Get help from a Florida probate attorney if out-of-state property or foreign wills are involved

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Author Bio

Alexander Gil was admitted to the Florida Bar in September of 2014. His focus is primarily in the areas of estate planning, special needs planning, asset protection planning, guardianship administration, and probate administration.

Alexander graduated Magna Cum Laude from the University of Miami School of Law in 2014. In addition to his law degree, Alexander earned a Masters in Taxation from the University of Miami School of Law Joint Degree Program. He was a Staff Editor for the Inter-American Law Review.

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