No Reciprocity for Holographic and Nuncupative Wills in Florida

A handwritten or holographic will may not be valid in Florida if created in another state. Holographic wills in most states – including Florida – are strictly construed, and they must comply with the Florida Probate Code’s testamentary requirements for holographic wills. Similarly, nuncupative wills may not be valid in Florida if created in another state. Under Florida law, in limited exceptions, a resident may create an oral or nuncupative will. Generally, to create a valid will, you must be on your deathbed, announce your dying declarations to witnesses and be of sound mind.

Generally, a holographic will is one created in entirely your handwriting without signatures of impartial witnesses. However, as an exception to the limitation on holographic wills, Florida law treats an entirely handwritten will with signatures from two witnesses as a non-holographic will. If you signed your handwritten will in the presence of your two impartial witnesses who also signed their signatures in front of you, a Florida probate court may treat your will as a written, non-holographic will. For example, if you created a will in Georgia, and your will was legally valid in Georgia, your will may be valid in Florida if you move here from Georgia. The Florida Probate Code further states that a will created by a military service member pursuant to the United States Code is valid under Florida law, regardless of where the military service member created the will.