Florida is a retiree’s heaven – no snow, warm weather, and golf courses and beaches for miles. Many enjoy spending their retirement in sunny Florida, but do not realize that when they moved down here, it may have had an impact on the validity of their will.
Generally, out-of-state wills are valid in Florida. Florida will accept a will as valid if it is valid under the law of the state in which it was executed. However, there are exceptions to this general rule. Florida will never accept a holographic or nuncupative will. A holographic will is one that is handwritten and signed by the testator (the person making the will), with no witnesses. A nuncupative will is an oral will made in the presence of witnesses. Therefore, if you have a holographic or nuncupative will, you will need to draft a new will in Florida to ensure your estate is protected and your wishes will be followed.
Just because your will is considered to be valid does not mean it will be executed as you expect. There may be differences in state laws. For example, in Florida, your personal representative must either be a blood relative and/or a resident of the state of Florida. If your personal representative is not blood-related to you and lives out of state, they will not be able to serve as you wished.
For these reasons and more, it is important to have a Florida attorney review your estate plan upon moving from out-of-state to Florida. If you have questions, contact an estate planning attorney today.