Legal Question in Wills and Trusts in Florida

Is my will from Massachusetts good in Florida? It is a very simple will. Under $500,000 and simply divided equally between my three sons.


Asked on 1/20/11, 10:16 am

3 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Your will from out of state is usually admissible in Florida courts, however it may difficult to prove it's validity if the state you are coming from doesn't have the same requirements for signature and witnesses.

You may still want to consider having a will drafted in Florida, if you have moved your residency, if for no other reason than to update your assets and review the status of them. The cost of a simple will is generally not that great, and there are some options in Florida which may be able to reduce the amount of the costs associated with probating your estate.

In Florida an attorney is necessary to probate an estate, and the attorneys fees are based on the value of the estate being entered into probate. However, there are steps you can take in Florida to reduce the amount of the probate estate and thus reduce the amount of attorneys fees your heirs will have to pay.

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Answered on 1/25/11, 10:36 am

It may be, but without examining it, no one can tell for sure. If you remain a resident from another state, Florida will accept it. If you become a Florida resident, it must conform to Florida's law.

In the long run it may be best to make a new Will if you are a Florida resident to avoid issues that, while the Will may be valid, may delay the process. If you come from another state, you may want to consider republishing it in Florida that may also avoid those issues.

Time equates to money, and both could be reduced if handled properly.

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Answered on 1/25/11, 10:43 am
Frank J. Pyle Probate Attorney Throughout Florida

If it would be valid there, it is valid in Florida.

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Answered on 1/25/11, 2:09 pm


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