Do you need to update your will when you move to Florida?

You should update your old will once you establish residency in Florida for many reasons, including:

• If you die as a resident of the State of Florida, your will must comply with the requirements of Florida Law. In Florida, your will must be “self-proving” or signed in the presence of two witnesses and a notary who must all sign the will in the presence of one another. Most other states do not have this requirement. If your out-of-state will lacks the “self-proving affidavit”, at least one of the witnesses to the will must be located to provide evidence before the Florida probate court to attest to the fact that they actually witnessed you sign your will. This causes unnecessary expense and delay in the probate process. You can avoid this unnecessary expense and delay by updating your will once you move to Florida.


• Florida law requires your Personal Representative to be a relative or a resident of the state of Florida. If your will names someone who is not a relative or a Florida resident to be your PR, they will be disqualified to serve in this capacity. You can avoid this problem by updating your will once you move to Florida.


• Florida treats Homestead property differently from second homes or investment property. If you now live in a property that used to be your vacation home or a rental property, Florida’s Homestead laws may overrule the terms of your will unless there is specific language included in your will. You can avoid this problem by updating your will once you move to Florida.

• Call us today to update your out-of-state will at (941) 363-0110