Can wills prepared in another state or country be used in a Florida probate proceeding?

Last WillOften people die either residents of another state or country and own real estate in Florida or they moved to Florida but never changed their foreign will to a Florida will. The question is: Can these wills be used in a Florida probate proceeding after death? In Florida a will must be in writing signed by the Testator (the person whose will it is) in front of 2 witnesses who must sign their names after the Testator.

Generally, if a will is valid in the state or country where the decedent resided at the time the will was executed, than the will be admissible in Florida (with the exception of the holographic will see below). It’s helpful to get an affidavit from a licensed attorney from that jurisdiction to present to the Florida Court that the will seeking to be admitted was validly executed in the originating state.

A holographic will from another state (a handwritten will that was signed by the Testator) will not be accepted in Florida if it doesn’t have the 2 witness requirement even if it is valid in the state where it was executed.