Do you have a will in another state that is valid, are you sure that it will be upheld by Florida? Are you sure that the will can be admitted to probate in West Palm Beach? Just because a will is admissible in one state does not mean it will be in Florida, check out a case out of California that upheld aholographic will. Do you think it would have been admissible in Florida?
Out of State Wills in Florida
- Although Florida has a broad reciprocity doctrine that allows valid wills from other states to be admitted this does not mean that any will admitted to another state’s probate court is admissible in Florida.
- But how?
- All probate courts around the nation have discretionary powers that allow a will to be admitted for substantially complying with statutes.
- In other words a court can say “good enough!”
- What each state decides is good enough is up to them and reciprocity is only obliged when a will fully complies with the other state’s will statute.
- Do you know where to find your home states will statute?
- Do you know where to find Florida’s?
- Do you know what a West Palm Beach holographic will is?
- When a will is written in the person’s own handwriting and simply signed it is aholographic will.
- Most States have a broad ban on these, Florida included.
- California is apparently not one of those states but ask yourself, would the case go the same way in Florida?
- Experienced Palm Beach probate litigators know that it is unlikely.
Estate of Gonzales
- The California Court of Appeals hears all types of cases in and for California includingprobate cases.
- In the recent case of Estate of Gonzales (decided May 14, 2015) the sister of the decedent appealed the trial court’s judgment that admitted her brother’s 2009holographic will into probate.
- The Court affirmed the trial court’s admission of a handwritten holographic will into probate.
- Would this happen in Florida? Seems unlikely given Florida’s view on holographic wills and the fact that the will did not meet California’s statutory will provisions.
Want to learn more? Check out the entire case by clicking here.