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If a nonresident of Florida executes a will in some other state, is the will valid in Florida?

If a nonresident of Florida executes a will in some other state, is the will valid in Florida?

Full question:

My friend is not a resident of Florida. He made a will in N.Y. and then shifted to Florida last week. He wants to know if his will made in NY is valid in Florida.

Category: Wills and Estates
Date: 04/07/2025
State: Florida

Answer:

Yes, a will executed by a nonresident of Florida may be valid in Florida if the will is valid under the laws of the country or state where the will was executed. The relevant statutory provision in this regard is stated below.

Fla. Stat. § 732.502 reads:

“(2) Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator's handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will.

     (3) Any will executed as a military testamentary instrument in accordance with 10 U.S.C. s. 1044d, Chapter 53, by a person who is eligible for military legal assistance is valid as a will in this state.

     (4) No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law.

     (5) A codicil shall be executed with the same formalities as a will.”

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

Do you have to register your will with the state?

In Florida, you do not need to register your will with the state. However, it is advisable to keep your will in a safe place and inform your loved ones where it is located. When you pass away, the will must be filed with the probate court to initiate the probate process. This ensures that your wishes are honored according to the terms of the will.

What invalidates a will in Florida?

A will in Florida can be invalidated for several reasons, including lack of proper execution, lack of testamentary capacity, undue influence, or fraud. If the will does not meet the formal requirements set by Florida law (Fla. Stat. § 732.502), it may also be deemed invalid. Additionally, if a later will is created that revokes the previous one, the earlier will would be invalidated.

What invalidates a will in NY?

In New York, a will can be invalidated if it does not meet the state's execution requirements, such as being signed by the testator and witnessed by at least two witnesses. Other factors include lack of testamentary capacity, undue influence, or if the will was revoked by a subsequent will or by physical act, like tearing or burning. If these conditions are not met, the will may not be enforceable.

Are NY wills valid in Florida?

Yes, a will created in New York can be valid in Florida if it complies with the laws of New York. Florida recognizes wills made by nonresidents as valid, provided they meet the legal requirements of the state where they were executed (Fla. Stat. § 732.502). This means that as long as the New York will was properly executed, it should be honored in Florida.

Does it matter what state your will is written in?

Yes, the state where your will is written can impact its validity. Each state has specific laws regarding will execution and requirements. A will must comply with the laws of the state where it was created to be considered valid in that state. If you move to a different state, it's wise to review your will to ensure it meets the new state's legal standards.

Does it matter what state you make your will in?

Yes, it matters what state you make your will in because each state has its own laws governing wills. These laws dictate how a will must be executed, what formalities are required, and the legal capacity needed to create a will. If you move to another state, it is important to ensure that your will complies with that state's laws to remain valid.