Is a Michigan will valid in the State of Florida?

Full question:

Is a Michigan will valid in the State of Florida? It was written in Michigan when I was a resident there. I am now a resident of Florida.

Answer:

Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, is valid as a will in this state if valid under the laws of the state or country where the testator was at the time of execution.

A nuncupative will is an oral will that must have two witnesses and can only deal with the distribution of personal property. A nuncupative will is considered a "deathbed" will, meaning that it is a safety for people struck with a terminal illness and a written will is not able to be drafted. The nuncupative device is usually useable only in situations of extreme emergency.

A holographic will is one that is entirely written, dated, and signed in the handwriting of the testator (person making the will), rather than typewritten or printed.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Wills do not automatically transfer from state to state. However, a will that is valid in the state where it was created can generally be recognized in another state, provided it meets the legal requirements of that state. It's important to check the specific laws of the new state to ensure compliance.