Florida Estate Planning Lawyer Blog

If you are a resident of the state of Florida, you may create a will in another state. You do not have to create a Florida Will or execute a Florida Will within the state of Florida.

There are some areas of a will that even if executed in another state may not be valid in Florida. For example many states do not have the same restrictions on who can be a guardian or the formalities required to execute a will. Most wills, other than with a holographic will, that are validly executed in another state will be valid in Florida.

Florida requires that holographic wills be executed with the same formality as another will and does not recognize the exceptions for a handwritten will that some other states do.

A Florida Will provides instructions on how to distribute your assets upon your death. Many people believe that if they do not have a Florida Will their assets will be taken by the state. This is not true. Florida has a default will for all individuals built into the Florida Statutes. If you die without a will, your assets will be distributed to your spouse and children, and then your parents, siblings, nieces, and nephews as prescribed by Florida Law. For more information on this request our Florida Probate Handbook for free. If you want to be able to specify who will receive your assets and not depend on the state’s view, you must have a Florida Will.

There are some issues that are not discussed in the statutes. Who will take care of my children? What will happen to my body? Only a Florida Will will prevent the State of Florida from making these decisions. If you have minor children you should have a will to determine who will be the guardian of the children in the event of your death.

There are many times when it’s a good idea to update your will which includes if you purchase or sell the real property if your marital status changes if your financial condition changes significantly, and if you have children or grandchildren you would like to recognize in the event of your death.