US Legal Forms
Legal Resources
Questions & Answers
Wills and Estates
Can we create our own will in New York for Florida property?

Can we create our own will in New York for Florida property?

Full question:

Can my husband and I write our own last will and testament in New York to cover property in the state of Florida?

Category: Wills and Estates
Date: 04/07/2025
State: New York

Answer:

In New York, anyone eighteen years or older, who is of sound mind, can create a will to distribute their real and personal property. Similarly, Florida law allows a will made by a nonresident to be valid if it complies with the laws of the state where it was executed. This means your will, created in New York, can be valid for your property in Florida as long as it meets the legal requirements of New York (Fla. Stat. § 732.502).

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

What are the requirements for a will to be valid in Florida?

In Florida, a will must be in writing and signed by the testator (the person making the will) in the presence of at least two witnesses. The witnesses must also sign the will in the presence of the testator. Additionally, the testator must be at least 18 years old and of sound mind when creating the will. If these requirements are met, the will is generally considered valid under Florida law (Fla. Stat. § 732.502). *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.*

Can you have a will in two different states?

Yes, you can have wills in two different states. However, it is important to ensure that the wills do not conflict with each other. If a will from one state is valid and properly executed, it can coexist with a will from another state. When a person passes away, the most recent will typically supersedes any previous wills. It is advisable to consult an attorney to ensure that both wills comply with the respective state laws and intentions are clear. *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.*

Is my NY will valid in Florida?

A will created in New York can be valid in Florida as long as it meets the legal requirements of New York law. Florida recognizes wills made by nonresidents if they comply with the laws of the state where they were executed. Therefore, if your New York will is properly executed, it should be accepted in Florida for your property there. *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.*

Is a New York state will valid in Florida?

Yes, a will created in New York can be valid in Florida, provided it complies with New York's legal requirements. Florida law allows wills made by nonresidents to be recognized if they adhere to the laws of the state where they were executed. Thus, as long as your New York will is properly signed and witnessed, it should be valid for your Florida property. *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.*

Does Florida accept out of state wills?

Yes, Florida accepts out-of-state wills as long as they comply with the laws of the state where they were created. If the will meets the legal requirements of that state, it can be valid for distribution of property in Florida. This includes wills executed by nonresidents, provided they are properly witnessed and signed. It's advisable to consult with an attorney to ensure compliance with both states' laws. *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.*