1) Your Out-of-State Will is Not “Self-Proving”
Florida law requires all witnesses to sign an oath “proving” the person who made the Will properly executed it. Fortunately, a Will can be self-proved in Florida. A self-proved Will may be admitted to probate without the attending witnesses.
Many states do not do this, so the witnesses must be found to sign an oath before a judge, clerk deputy clerk, or court-appointed commissioner. Imagine trying to track down the person who witnessed your Will 20 years ago in New Jersey, and you have some idea of the problem!
2) Your Personal Representative Does Not Qualify in Florida
Florida law requires the personal representative (or executor) named in your Will be either a Florida resident or relative. Many people name friends from their old State in their Will to be their personal representatives.
If these friends are not Florida residents at the time of the administration of your Estate, they will not qualify and the court may appoint someone you do not want.
3) Your Home May Not Pass To Who You Want
Florida’s Homestead Act has strict and unusual laws regarding the distribution of a person’s homestead following their death. If you are married, you can only leave your homestead to your spouse (without a spousal waiver).
If you try to do otherwise, the law will overrule your wishes and create a life estate in the surviving spouse and a remainder interest to your lineal descendants. This issue is particularly problematic in second marriages, where someone wants to leave their entire Estate to their children.
If you recently relocated to Florida, schedule a consultation to discuss creating an Estate Plan or reviewing your out-of-state Estate Planning documents.
