Do I Need a New Will if I Just Moved to Florida?
Generally, if you just moved to Florida and have an out-of-state will, it will be accepted in Florida. However, there are some exceptions to this and some additional considerations you may want to make before keeping your out-of-state estate planning documents.
Florida Does Not Accept Holographic Wills
While the state of Florida considers any will to be valid if it is valid under the law of the state in which it was executed, Florida does not accept holographic wills. Holographic wills are wills that are handwritten and just signed by the testator. Florida does not accept nuncupative wills either, which are oral/verbal wills.
To be valid in Florida, a last will and testament must be written and signed by the executor in the presence of two witnesses. Additionally, you must be an adult of sound mind to execute a valid will in Florida.
It Will Be Interpreted Under Florida Law
While your will may be valid in Florida, if you pass away as a Florida resident, your estate will be probated under Florida law. This means there may be some differences in your former state’s laws and Florida laws that necessitate a change in your will.
One common difference is in Florida, the executor of your estate must be related to you by blood or be a Florida resident. Therefore, if your executor is currently an out-of-state resident or is not a blood relative, they will not be able to act as your executor upon your death.
Additionally, property laws may be different in Florida than in your former state. As one example, in Florida, if you are married or have minor children, there are restrictions on what you can do with your homestead property.
Other Reasons for Review
We often recommend clients review their estate planning documents on an annual basis, to confirm the wishes remain the same. A cross-country move is a good opportunity to review your will and other estate planning documents to ensure they still meet your goals. You should speak with a Florida attorney to ensure that your goals and plans as laid out in your estate plan can be achieved under Florida law.
Another common reason for review and revision is in Florida your will is only considered self-proved if it is signed by two witnesses and a Notary Public. Without the notarization, the probate court will need to track down your witnesses to testify as to the validity of your will, which may be difficult and can delay your beneficiaries receipt of your bequests.
Florida Estate Planning Attorney
If you are in Florida and are interested in discussing estate planning, contact us today. If you are ready to get started on your Florida estate plan, you can do so here.