Legal Question in Wills and Trusts in Florida

Re: Is a will written in Ohio valid in Florida

In most cases, a will that is valid in other states will be accepted in Florida. There are some exceptions. In any case, I strongly recommend you make an appointment with an estate planning attorney in your area to review your assets and your current will and codicil. Because property is treated differently in Florida than in Ohio you should have an attorney review your will to see if the property transfers are appropriate.

Should you have any further questions, please feel free to contact me via email or phone at (407) 353-4728.

Re: Is a will written in Ohio valid in Florida

Follow the advice of the other attorneys who answered your question.

Re: Is a will written in Ohio valid in Florida

A will is valid if it is validly written and executed in the state where the testator was domiciled when it was drafted. If it is valid where executed, it is valid everywhere.

Re: Is a will written in Ohio valid in Florida

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Probably...but I cannot say for sure without seeing the instrument. Florida does not recognize all of the kinds of wills that some other states do (i.e. holographic wills).

Florida also requires a certain formality for a will to be self-proving which obviates the need for a witness to the signing to testify that the will is valid when being probated. Otherwise, one of the witnesses to the will signing must be located and sign an oath to the witnessing of the will signing.

It would be well worth your while to meet with a Florida attorney for a consulation. The attorney can review the will and let you know for sure. After the death or incapacity of the person, it is too late to make any changes.

Scott R. Jay, Esq., 305-249-8000