Is my out-of-state will valid in Florida?

The rule

Florida law treats a will signed by a nonresident as valid in Florida if it was valid under the law of the state or country where it was signed. The exception is a holographic or nuncupative will. A handwritten will that was good in the old state, signed without witnesses, does not work here.

Proving the will

Florida has its own procedure for making a will self-proved, so it can be admitted without a witness appearing. Whether an out-of-state will can be admitted that easily depends on how it was signed. We check rather than assume.

What else to check

The personal representative's eligibility in Florida. References to the old state's statutes. Tax formulas built for a much lower federal exclusion. A residuary clause that sends Florida homestead somewhere the constitution does not allow.

Common questions

Do I need a new will after moving to Florida?

Not always to be valid. Most people benefit from one anyway: it names fiduciaries who can serve here, recites your Florida residence, and works with Florida homestead law.

Is a handwritten will valid in Florida?

A holographic will, one handwritten and signed without the required witnesses, is not valid in Florida, even if it was valid where it was signed.