According to the Florida Probate Code, to create a valid will in Florida, you must comply with the witness and testamentary requirements. Recognizing what Florida requires in creating a valid will within its jurisdictional boundaries, how do Florida courts treat wills that were created in other states? For example, imagine you created a will in Alabama but later decided to move to Florida. If your will was validly created according to Alabama’s Probate Code, will the Florida probate courts similarly validate your will?
According to the Florida Probate Code, a written will created pursuant to the probate laws of another state may be valid in Florida as long as the will complies with the foreign state’s probate laws. Using the Alabama example, if you moved here from Alabama and died in Florida with a will created in Alabama, will your loved ones be able to probate your will in a Florida circuit court? The answer depends on whether your will was valid in Alabama. If you did not create a will that complied with the Alabama Probate Code and its statutory formalities, your will was never valid in Alabama. If you died in Alabama, your will would not be probated. The same is true if you die in Florida. An invalid will in Alabama is invalid in Florida, and your place of death in this case is irrelevant.