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Out-of-state wills in Florida
Florida generally honors wills validly executed in another state — but there are wrinkles. Here's when an out-of-state will works in Florida, when it doesn't, and why new Florida residents often need a refresh.
Updated February 2026
Florida generally honors a will that was validly executed under the law of another state (FS 732.502). If you signed a valid New York or Ohio will and now live in Florida, your will should still be admissible to Florida probate.
But several specific issues can make an out-of-state will work poorly (or fail entirely) in Florida. New residents should refresh their plan within a year of moving — not because the old will is invalid, but because Florida-specific provisions matter for an estate that will be probated here.
Quick check
Did you move to Florida from another state in the last 1–3 years? Your old will is probably valid, but you're missing Florida-specific protections (homestead, elective share waivers, pretermitted-spouse safeguards). A 30-minute review tells you whether refresh is worth it.
When an out-of-state will works in Florida
- Validly executed under that state's law: Florida honors the original state's execution rules.
- Witnesses present at signing under that state's witness rules.
- Testator had capacity under that state's standards.
- Original signed will is available: copies face the same procedural challenges as Florida-original missing wills (FS 733.207).
Practical effect: most properly executed out-of-state wills work fine in Florida probate.
— Florida-specific gaps
When the out-of-state will fails or works poorly
- Florida homestead descent rules override will provisions when there's a surviving spouse and minor child. Out-of-state wills often don't anticipate this.
- Florida's elective share (30% of elective estate to surviving spouse) overrides any will. Out-of-state wills with smaller spousal provisions may be effectively rewritten.
- Florida's pretermitted-spouse rule kicks in if the will pre-dates a Florida marriage and doesn't address the new spouse.
- Florida-specific tax planning: states with their own estate tax (NY, NJ, MA) often have specific provisions; those become irrelevant in Florida (no state estate tax).
- Florida-specific business interests: trust planning around Florida real estate or businesses needs Florida drafting.
— Document deficiencies
Document deficiencies
- Self-proving affidavit issues: many states use a self-proving affidavit format that Florida courts accept; some don't conform precisely. The will might still be admissible but with extra procedural steps.
- Witness requirements: most states require 2 witnesses (Florida does too); a few require 3 or have other variations. If the original state's rules conform to or exceed Florida's, the will is fine.
- Holographic wills (handwritten, unwitnessed): some states (Texas, North Carolina, etc.) recognize them. Florida does not — a holographic will valid in Texas may fail in Florida unless it ALSO meets Florida's witness requirements.
- Oral wills ('nuncupative wills'): a few states recognized them historically. Florida does not.
When to refresh the will after moving to Florida
Almost always, within 1–3 years of moving:
- Your domicile is now Florida: estate will be probated here; Florida-specific drafting helps.
- Florida homestead exemption is filed on your new home: planning around homestead descent matters.
- Florida-specific protection tools become available: Lady Bird deed, Florida-form POAs, Florida-form healthcare directives.
- Out-of-state irrevocable trusts may need review for Florida law interaction.
- Beneficiary designations should be reviewed against the Florida-residency framework.
Holographic wills — Florida doesn't recognize them
If you have a handwritten will from a state that recognizes them (Texas, NC, OK, others), Florida will likely not admit it to probate.
- Florida statute (FS 732.502) requires: written will, signed by testator, in the presence of two witnesses who also sign in the testator's and each other's presence.
- Holographic wills lack witnesses by definition — they fail Florida's execution requirements.
- Holographic wills made in your prior state that recognized them: still fail Florida unless they coincidentally also meet Florida witness rules (rare).
- Solution: re-execute as a properly witnessed Florida will. Same content, valid execution.
Snowbirds and dual-state residents
If you split time between Florida and another state, see our snowbird estate planning guide for the full treatment. The short version:
- Establish clear domicile — usually Florida if homestead is filed.
- Florida will is the primary: drafted under Florida law, ready for Florida probate.
- Other-state will: often unnecessary if domicile is Florida; sometimes useful for state-specific real estate.
- Trust over will for property in multiple states: avoids ancillary probate in each.
- Healthcare directives: Florida-form for Florida hospitals; out-of-state hospitals generally accept Florida-form too.
Common mistakes
- Assuming the old will is fine: it may be valid but suboptimal for Florida-specific planning.
- Bringing a holographic will to Florida: often invalid; needs re-execution.
- Letting an old self-proving affidavit lapse: can complicate probate even when the underlying will is fine.
- Ignoring spousal protection rules: out-of-state wills with minimal spousal provisions trigger Florida's elective share.
- Not coordinating with trust planning: out-of-state revocable trusts work in Florida, but need review for Florida-specific interaction (homestead, elective share, etc.).
— Common questions
What people ask us about this.
Probably yes, if it was properly executed in California. Florida honors out-of-state wills under FS 732.502. But you're missing Florida-specific provisions — at minimum, get a 30-minute review to see if refresh is worth it.
Out-of-state wills usually work in Florida — but 'works' and 'works well' aren't the same. Most new Florida residents benefit from a Florida-specific refresh within their first 1–3 years here. We routinely review out-of-state wills and recommend changes only when they actually matter.
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