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Is my will invalid because I moved states?

Jul 3, 2017 | Estate Planning

You have long wanted to take a trip to Florida, and after you visited, you just knew that you needed to move there. You’re excited for this new adventure in your life, but you know there are many legal documents you may need to change. One of those is your will.

When you move to Florida, updating your will is important. It helps guarantee that it follows the Floridian laws and requirements. For example, Florida requires a self-proving affidavit in a will, which some other states may not.

What do you have to do with your will in Florida?

If your will does not have a self-proving affidavit, then it’s important to sign a new one that does have this. It guarantees that your will is legally binding.

Another thing you need to do is to make sure the personal representatives you have in your will are able to do business in Florida. For example, Florida law typically asks that the person serving as the representative lives in Florida or is related through marriage or by blood.

If you instead choose to use a trust company or bank as your representative, that bank or trust company needs to be authorized to conduct business in Florida. If not, the representative will be disqualified and you will have a new representative appointed for your estate.

To adjust for this concern, have your attorney set the representative as your relative, an institution authorized to do business in Florida or a Florida resident.

It’s always important to check the new laws and requirements for your estate plan when you move. If you plan to return to your previous state, it may or may not be necessary to adjust your will. You may be able to add an amendment that addresses your time out of the state if you so wish.