Florida Wills for Retirees and Snowbirds

Many people arrive in Boca Raton with a will signed years ago in New York, New Jersey, Ohio, or Canada. It may still be technically valid, but a will written for another jurisdiction rarely fits Florida cleanly. If you have made Florida your home, reviewing and re-signing your will under Florida rules is one of the most useful steps you can take.

What Makes a Will Valid in Florida

Florida Statute §732.502 sets the formalities. The will must be in writing, signed by you (the testator) at the end, and signed by two witnesses who watch you sign and sign in your presence and in the presence of each other. Florida does not recognize handwritten (holographic) wills that lack proper witnesses, even if another state would. A will that worked under your old state’s looser rules may not hold up here.

The Self-Proving Will

Florida lets you make your will self-proving by adding a notarized affidavit signed by you and your two witnesses before a notary. A self-proving will speeds up probate because the court can accept it without tracking down witnesses years later, which matters when witnesses scatter back to other states. For snowbirds whose witnesses may be seasonal too, the self-proving format is especially practical.

Naming Your Personal Representative

In Florida, the person who administers your estate is called the personal representative (other states say executor). Florida limits who can serve: a non-resident generally must be a close relative by blood, marriage, or adoption. So naming an out-of-state friend or distant connection can disqualify them. Retirees with family up north should confirm their chosen representative actually qualifies under Florida law.

Wills and Homestead

Your Boca Raton residence likely qualifies as protected homestead under Art. X §4 of the Florida Constitution. If you are married or have a minor child, the constitution restricts how you may leave that home, and an improper gift in your will can be set aside. Your will alone does not control your homestead; planning has to account for these limits.

What a Will Does Not Do

A will only directs assets that pass through probate. It does not control accounts with named beneficiaries, jointly titled property, or assets held in a trust. Many retirees are surprised that a beneficiary form on an IRA or annuity overrides the will entirely. A complete plan coordinates your will with your beneficiary designations and account titling so nothing slips through the cracks.

No Florida Estate Tax

Florida imposes no state estate or inheritance tax, so your will does not need state-tax-driven trust provisions that other states require. Federal estate tax still applies above the federal exemption, which affects only larger estates.

Consult a Florida Attorney

This page is general information, not legal advice. Whether your existing will is valid in Florida, and whether it accomplishes your goals, depends on the document and your circumstances. Have a licensed Florida estate planning attorney review your will before you rely on it.