Legal Question in Wills and Trusts in Florida


Is a North Carolina will valid in Florida?

Asked on 8/15/07, 1:21 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Wills

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Maybe. Florida will recognize wills made in other states if it complies with Florida's requirements. If the will was not executed with two witnesses observing in the presence of a notary public and signed precisely in the format that Florida law requires, the will will NOT be self proving. This means that the witnesses will have to be located and sign an oath affirming that they witnessed the execution of the will before a duly sworn commissioner appointed to take the oath. This is oftentimes far more costly and time consuming then simply having the will redrawn by a Florida attorney in compliance with all applicable laws.

Scott R. Jay, Esq.

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Answered on 8/15/07, 11:19 pm

Michelle Hofkin Law Offices of Michelle Hofkin

Re: Wills

Florida will recognize a will from another state if it was validly executed in that state. If you need any clarification, please do not hesitate to contact me.

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Answered on 8/15/07, 1:42 pm

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