Attorney Kellen Bryant explains what happens to your out-of-state will when you move to Florida and why a review is important.

If you’re moving from states like Georgia or North Carolina to Florida, you may be wondering whether your existing will remains valid. The answer involves two important considerations that every new Florida resident should understand.

Point 1: Execution Validity – Generally Yes

Generally speaking, the way you signed your will in other states with other attorneys is usually valid in Florida. Here’s what you need to know:

• Florida requires two witnesses on wills for the signing to be valid
• Most other states have similar requirements
• The execution (signing process) is usually valid for out-of-state wills

So from a technical execution standpoint, your out-of-state will likely meets Florida’s basic requirements.

Point 2: Florida’s Unique Laws May Override Your Plans

However, there’s a second crucial consideration: the outside circumstances you bring into Florida and how Florida law treats your specific situation.

Florida’s Homestead Protection

One major example is Florida’s strong homestead protection, which is unique to our state. This law affects:

• Inheritance rights for spouses and minor children
• Property tax rights
• How your home can be distributed upon your death

Florida’s homestead law is an oddity compared to other states and could potentially override or complicate the provisions in your out-of-state will.

Why an Attorney Review is Important

This is why it’s a good idea to have a Florida estate attorney review your existing will when moving from out-of-state. The attorney can:

• Identify any Florida laws that might divert from your original estate planning intentions
• Explain how homestead law affects your specific situation
• Ensure your will works effectively under Florida law
• Address any potential conflicts between your will and Florida’s unique statutes

Point 3: It’s Time for a Will Update Anyway

When you bring a will from out-of-state, it still doesn’t hurt to have it looked at and updated. Here’s why:

Most People Don’t Update Often Enough

A lot of people will go 10-20 years without updating their will. Moving to a new state provides the perfect opportunity to review and refresh your estate planning documents.

Your Circumstances May Have Changed

Consider whether your will still fits your current situation:

• Has your financial situation changed?
• Have there been family changes (births, deaths, divorces, marriages)?
• Do your beneficiary designations still make sense?
• Are your chosen executors and guardians still appropriate?
• Does your will reflect your current wishes and values?

The Smart Approach

While your out-of-state will may be technically valid in Florida, having it reviewed by a Florida estate planning attorney ensures:

• Compliance with Florida’s unique laws
• Protection of your intended estate planning goals
• Current relevance to your life circumstances
• Peace of mind for you and your family

Don’t assume your out-of-state will automatically works perfectly under Florida law. A professional review can identify potential issues and ensure your estate plan functions as intended in your new state.

This information is provided by Attorney Kellen Bryant. For a comprehensive review of your out-of-state will and Florida estate planning needs, consult with a qualified Florida estate planning attorney.

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