Thousands of families move to the Brandon area every year, and many arrive with a will drafted in New York, Ohio, or Michigan tucked safely in a drawer. When they ask me whether that will is still good, my answer usually surprises them: It is probably valid, but valid is not the same as working well. The difference can cost your family real time and money.
Does Florida recognize a will made in another state?
Generally, yes. Florida law honors a will executed by a nonresident if it was valid under the laws of the state where it was signed. There is one major exception. Florida does not recognize handwritten wills without witnesses, known as holographic wills, even if they were perfectly legal in the state where you wrote them. If you moved here from one of the states that allows them, your handwritten will may be worthless in Florida, and your assets could pass under Florida’s intestacy laws as if you had no will at all.
Why might a valid out-of-state will still cause problems?
Here is the nuance most people never hear about. Florida restricts who can serve as your Personal Representative, the person who administers your estate. A nonresident cannot serve unless they are a close relative. If your old will names your former neighbor or your longtime friend back home, a Florida court may refuse to appoint them. Florida also has strict constitutional rules about how your homestead can be left when you have a surviving spouse or minor child, and an out-of-state will rarely accounts for them. Finally, if your will lacks a self-proving affidavit that meets Florida requirements, your witnesses may need to be tracked down years later just to open probate.
What about your power of attorney and health care documents?
Your out-of-state power of attorney may technically be honored here, but in my experience, Florida banks and hospitals hesitate over unfamiliar documents, and hesitation is the last thing you need in an emergency. Florida also uses a Designation of Health Care Surrogate rather than the health care proxy or advance directive forms used elsewhere. Updating these documents to Florida forms removes the friction at exactly the moment your family cannot afford it.
When should new residents review their estate plan?
Ideally, within the first year of establishing Florida residency. A review is quick, and it often reveals opportunities as well as problems, like Florida’s generous homestead protections that your old plan was never designed to use.
If you have recently made Brandon or the surrounding Hillsborough County area your home, welcome. Bring your old documents to the Law Offices of Laurie E. Ohall, and let’s make sure they work as hard in Florida as they did back home. Call (813) 438-8503 to schedule a consultation.