• Facebook
  • Instagram
  • LinkedIn
Call: (239) 970.3250
The McCarty Group |  Marco Island Real Estate
  • Home
  • Exclusive Listings
  • Sold Portfolio
    • Entire Collection
    • Under $500,000
    • $500,000-$1,000,000
    • $1,000,000 – $2,000,000
    • $2,000,000 and Above
  • Property Search
  • Sellers
    • Plan of Action
  • Buyers
    • Hiring the Right Realtor
  • Our Experts
  • About
    • Testimonials
    • About Marco Island
    • About Naples
    • Blog
    • Monthly Newsletter
    • Social Media
      • Facebook
      • Instagram
      • LinkedIn
  • Contact Us
  • Menu Menu

Estate Planning: How Florida Law Differs From Other States

February 2, 2021/in Blog Post /by assistant
Estate planning laws vary by state and Florida legal experts say that if you relocate, you definitely have to look at the law of the state you are in to see if your Florida will is still valid. At the same time, if moving into Florida from out of state, you need to have your will analyzed under the laws of Florida to make sure that it’s still valid. What’s valid in Florida?
To answer that question, we asked Sarah E. Peart, an attorney from Tampa Florida whose practice focuses mainly in the areas of wills, trusts, estate planning and real estate law. Here’s what she told us:
The general law in Florida is that a will is valid in Florida if it is valid in the state in which it was executed. There are some exceptions, however, so you should always have the will (or other estate planning documents) reviewed. For example, holographic wills are never accepted in Florida. A holographic will is basically a handwritten will. Oral wills are not accepted in Florida either.

There is also a chance that some certain provisions in the will may not be valid in this state. So, the general rule is that if the will was valid in the state that it was executed in, it will be valid in Florida. However, you should always have an attorney review your out-of-state will to ensure it complies with, and is valid under Florida laws.
Other provisions
Peart says that there are other provisions that also apply, such as wills written in foreign languages and Florida homestead laws.
  • Foreign language wills. Wills in Florida must be written and they can be written in a foreign language. However, for a will written in a foreign language to be valid, a true and proper English translation must be attached in English.
  • Homestead laws. Homestead laws in Florida are very particular and differ from most other states. It is crucial that you have your plan reviewed by an attorney to ensure your homestead is protected and devised in accordance with Florida law.
Estate planning is a very specific area of law that encompasses wills, trusts, health care directives, probate and more. Click here, to contact an experienced Florida estate planning attorney to discuss your situation.
Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on WhatsApp
  • Share on Pinterest
  • Share on LinkedIn
  • Share on Tumblr
  • Share on Vk
  • Share on Reddit
  • Share by Mail
https://www.mccartyflorida.com/wp-content/uploads/2021/02/estate-planning.jpg 450 850 assistant https://www.mccartyflorida.com/wp-content/uploads/2019/02/banner_logo3.png assistant2021-02-02 10:18:272021-02-02 10:25:28Estate Planning: How Florida Law Differs From Other States

Latest News

  • Estate Planning: How Florida Law Differs From Other StatesFebruary 2, 2021 - 10:18 am
  • Best Naples Golf Courses – Top 5 Golf Courses in Naples, FloridaFebruary 2, 2021 - 10:03 am
  • Where to Retire? WalletHub Ranks Florida No. 1February 1, 2021 - 8:02 am
  • BE IN THE KNOW – Should I Renovate My Home Before I Sell It?January 22, 2021 - 10:02 am
  • Existing-Home Sales Rise 0.7% in December, Annual Sales See Highest Level Since 2006January 22, 2021 - 7:50 am
  • Here are some tips for Test-Driving and Learning about a Neighborhood without leaving your homeDecember 23, 2020 - 8:32 am
  • December 2020 NewsletterDecember 2020 NewsletterDecember 3, 2020 - 11:14 am
  • Real Estate Is a Driving Force in the EconomyNovember 19, 2020 - 12:52 pm
  • November NewsletterNovember 2020 NewsletterNovember 1, 2020 - 10:56 am
  • Real Estate listingsFour Ways That You Can Advertise Listings As a RealtorOctober 19, 2020 - 1:27 pm
  • What is a Real Estate MLS Search?September 22, 2020 - 10:09 am
  • McCarty Market Report Quarter 2, 2020September 14, 2020 - 9:47 am
  • What To Look For In A Real Estate AgentAugust 20, 2020 - 2:43 pm
  • waterfront homes for saleBenefits of Buying Beach and Lakefront Property: Is This the Investment For You?July 21, 2020 - 7:07 am
  • 8 Tips for Choosing the Right Real Estate AgencyJune 25, 2020 - 12:34 pm

Marco Island Real Estate for Sale

Keller Williams Realty - Marco Island FLKeller Williams Realty Marco Island
830 Bald Eagle Dr.  Marco Island, FL 34145
wendy@mccartyflorida.com  | tel: 239.970.3250
© 2019 - The McCarty Group | Marco Island Real Estate
  • Facebook
  • Instagram
  • LinkedIn
  • ADMIN
  • REGISTER
  • LOGIN
Best Naples Golf Courses – Top 5 Golf Courses in Naples, Florida 630 Century Ct | Closed on February 9th 2021 | $695,000
Scroll to top