Legal Question in Wills and Trusts in Florida

Re: Is a New Jersey WILL valid in Florida?

If the will is valid in NJ, it is valid in Florida. If there are assets of hers in her name alone, with no named beneficiary, probate would be necessary. The will would be probated in the Florida county where she resided. You would need the assistance of a Florida attorney, who need not be in the locality where your mother resided. The attorney would prepare the paperwork to present the will to the circuit court in the county of residence, requesting the probate judge to accept the will as her last will and testament and appointing a personal representative (executor) to be in charge of the process. Your mother's will invarably appointed one or more persons for that job. The attorney would guide the personal representative through the probate process. The process usually takes 4-6 months to complete. The cost will vary depending on what attorney you retain, but normally the attorney's fee does not exceed $2,500, and filing fees, publication costs, etc., usually run in the $200-225 range. It could be considerably less if the estate is small and there are no creditors.

Please contact me if I can answer any other questions or be of assistance in handling the probate for you.

Frank Pyle - (407) 872-1965

Re: Is a New Jersey WILL valid in Florida?

The mere fact she was in Florida when she died does not mean she was a resident. Probate should be in the State she resided in.

Re: Is a New Jersey WILL valid in Florida?

If your mom was a Florida resident, the NJ Will should be valid, but needs to be probated in Florida. Florida has more complications than a NJ probate, as a Florida attorney is required and many forms need to be processed with the Probate Court. I have several friends who handle Florida estates and probate and could suggest a few for your consideration. What type of assets are involved? It might be possible, depending upon the type of assets and how registered, to minimize the Florida requirements.