This article addresses the validity of a will under Florida law where the will was executed in a different state or foreign jurisdiction. While not a new issue, the question is becoming more common with vast numbers of people moving to Florida. Since 2014, no state has added more new residents from other states on an annual basis than Florida, which has outpaced all other states each year since 2014, averaging over 579,000 new residents per year. See 2019–2014 American Community Survey State-to-State Migration Flows Table. With this influx of new residents comes many out-of-state wills drafted under varying state laws. Whether out-of-state wills are valid under Florida law is a question being addressed in probate matters more and more each year.

Will Execution Requirements Under Florida Law

An understanding of the Florida will execution requirements is necessary before we can determine if an out-of-state will is valid in Florida. Under the Florida Probate Code, a will must be in writing, signed by the person making the will (the testator) at the end of the will, the testator must sign the will in front of two witnesses, and each witness must sign the will in front of each other and the testator. See Fla. Stat. Section 732.502(1) (2022). Many wills, whether drafted in Florida or elsewhere, are notarized at the end, but is this required? A notarization is not required but is a best practice. The notarization of a will makes the process easier. A properly notarized will helps the Florida court determine the validity of the will and guide the court in following the testator’s wishes. The process of determining the will’s validity and then using it as a guide for distribution is often referred to as admitting the will to probate and administering the will. Notarizations for this purpose are often referred to as self-proving affidavits, and wills including them are considered self-proved. Self-proved wills allow for the admission of the will to probate without the necessity of admitting evidence on the validity of the will execution.

Florida Law Specifically Addresses Execution Requirements for Out-of-State Wills