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My Loved One Died in Florida with an Out-of-State Will: Is It Still Valid?


Losing a loved one is always a heart-breaking and emotionally-taxing time. Having legal matters, including wills, after the death of your loved one can add to the stress. If your loved one passed away in Florida with an out-of-state will, you may be wondering if it is still valid.

If you recently lost your loved one who had an out-of-state will or no will at all, reach out to Mark R. Manceri, P.A., to get legal assistance. Our Pompano Beach no will lawyer can help you handle the legal matters on your behalf, allowing you to focus on mourning the loss of your loved one.

Are Out-of-State Wills Valid in Florida?

Yes, in most cases, an out-of-state will is considered valid in Florida as long as it meets the requirements of the state where it was created. Additionally, the will may need to go through the probate process in Florida.

Will Execution Requirements Under Florida Law

In Florida, a will must be signed by the testator in the presence of two witnesses who also sign the will (Florida Statutes § 732.502). The testator must have testamentary capacity and be over the age of 18, unless the person is an emancipated minor.

If your loved one died without a will, their assets will be distributed according to Florida’s intestate succession laws. Who gets what under Florida’s intestate succession laws depends on who the decedent left behind. For example, if a person is survived by their spouse and children from that spouse, the spouse inherits everything.

Other Considerations

If the out-of-state will includes real estate located in Florida, then it must go through the probate process in Florida. It may be best to consult with a local lawyer in Florida to ensure all legal requirements are met. Your lawyer will help you determine the validity of your loved one’s out-of-state will in Florida and walk you through the process of probating the will and administering your loved one’s estate in Florida.

Get Legal Counsel

Dealing with legal matters after the passing of a loved one can be overwhelming, especially if you do not understand whether or not your loved one’s out-of-state will is valid. If you have questions about the validity of your loved one’s will, contact Mark R. Manceri, P.A., for legal counsel. Our lawyer can help you determine the validity of the will and walk you through the estate administration process. Call 954-491-7099 for a case review.

Liability of the Personal Representative in a Probate Administration

Serving as a personal representative can be a challenging task, especially when you have little to no experience handling probate matters. The role of a personal representative involves many responsibilities and duties, and certain actions can lead to personal liability and breach of fiduciary duty claims in Florida.

Our Pompano Beach breach of fiduciary duties lawyer at Mark R. Manceri, P.A., helps people appointed as personal representatives to perform their duties in compliance with applicable Florida laws. We also help interested parties seek the removal of the personal representative for a breach of fiduciary duties.

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