Is an Out-of-State Will Valid in Florida?
Yes. If your Will was validly executed in another state, Florida will recognize your Will as legally enforceable. But what does it mean to be validly executed? It means that as long as the Will complied with the legal requirements of the foreign state, Florida will most likely accept your Will as valid. Florida, however, does not recognize certain types of Wills.
Will I Need to Amend My Will or Create a New Will?
Not at all, unless there are significant changes in your circumstances such as a divorce, marriage, birth or a death in your family. If the change only deals with you moving to Florida, it’s quite possible that an amendment or new Will isn’t required, however, speaking to a Florida lawyer will help make that decision more clear. Lastly, under Florida law, your personal representative must be a blood relative or a non-blood relative Florida resident, which means that if whoever is listed as the Personal Representative in your Will is not blood related to you, he or she must be a Florida resident to act as your Personal Representative in Florida Probate. Learn more about Florida Probate.
What Should I do if I am Unsure if Need an Amendment to My Old Will or if I Need a New Will?
If you need an attorney to review your old Will, please call our office anytime (24/7) at (813) 897-0295 and schedule your initial consultation today. Thank you.
