Haines City, FL asked in Estate Planning and Probate for Florida

Q: does florida recognize other state's wills ?

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: If the testator resided in the other state at the time the will was executed, and if later the testator died a resident of Florida, yes, Florida courts would recognize the will and admit it to probate.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Generally yes, but if you have moved to and now reside in Florida, you should go speak with a Florida Estate Planning/Probate Attorney because there are a lot of Florida Estate Planning issues that you will want to specifically look at, update and address with respect to Homestead, rights of a surviving spouse/children under 18 as well as the requirements related to a Florida Power of Attorney and Florida Healthcare Surrogate amongst other Florida Estate Planning documents that are important to know about and update. But generally, a legally executed Will in one state can be submitted and legally accepted by the courts in Florida upon the passing of the person Z(but not Holographic Wills). If you or the person is still alive, I would encourage updating your estate planning via specific Florida requirements with an estate planning attorney, if the person is deceased, I would encourage you speak with a Florida Probate Attorney.

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