Florida Wills for Out-of-State & Dual-State Residents

A will is the foundation of most estate plans, but for someone who lives on Long Island and owns property in Florida, the question is not just “do I have a will?” It is “will my will work in Florida?” Florida applies its own execution rules to wills, and a document that was perfectly valid when signed in New York can still create problems if it does not meet Florida’s expectations for self-proving and probate.

How Florida Wills Must Be Signed

Under Florida Statutes Section 732.502, a will must be in writing, signed by the testator at the end (or by another person at the testator’s direction and in their presence), and signed by at least two witnesses who sign in the presence of the testator and of each other. These formalities are stricter in their choreography than many people assume, and missing a step can give a disgruntled relative grounds to challenge the document.

The Self-Proving Affidavit

Florida allows a will to be made self-proving with an affidavit, signed by the testator and witnesses before a notary, in the form described in the statute. A self-proving will speeds probate because the court can admit it without tracking down the original witnesses years later. For a snowbird whose witnesses may be scattered between two states, this is especially valuable.

Out-of-State and Foreign Wills

Florida will generally recognize a will that was validly executed under the law of another state, with one important exception: Florida does not honor holographic (handwritten, unwitnessed) or nuncupative (oral) wills, even if they were valid where signed. So a handwritten will that New York might tolerate in narrow circumstances can fail in Florida. If you signed your current will up north years ago, it is worth confirming it meets Florida standards and is properly self-proved.

What a Florida Will Does Not Avoid

A will does not avoid probate, it directs it. If you die owning Florida real estate in your individual name, your Florida property still passes through a Florida probate proceeding under Chapters 731 to 735, even with a valid will. For Long Island clients who want to spare their families a second, out-of-state court case, a will is often paired with a revocable trust or a Lady Bird deed.

Personal Representative Considerations

Florida limits who may serve as a personal representative (executor). A non-resident generally must be a close relative by blood, marriage, or adoption to serve. If you want a Long Island family member or a New York friend to administer your Florida estate, this rule can disqualify them. Planning around it before you sign avoids an unpleasant discovery later.

Consult a Florida Attorney

This page is general information, not legal advice. Will formalities are unforgiving, and small errors can invalidate an entire document. Have your will reviewed or drafted by a licensed Florida attorney who understands both your Florida assets and your out-of-state ties.