Is my out of State will going to work in West Palm Beach probate court?

Was your will executed in another country or even just a neighboring State?  Do you know whether the will is admissible to probate in West Palm Beach? Experienced Palm Beach probate lawyers know how to determine whether or not you need a new will to keep your estate plan safe. When in doubt trust experience. 

Foreign Wills 

• In general the West Palm Beach probate courts are flexible with foreign wills.
• Foreign wills include those from anywhere outside of Florida.
• In other words a will from China is foreign but so is a will from Alabama.
• One important thing is your residency.
• West Palm Beach Courts will admit your will from a foreign jurisdiction if you resided there at the time (as long as it is witnessed!)
• Watch out though because residency can be tricky.
• Especially for people who live in New York during the year and summer in Florida or elsewhere.
• In other words if you got your will done while you were on vacation in Georgia, the West Palm probate court will not admit it.
• The will also has to be properly witnessed.
• Failure to get a will witnessed may result in it being declared a holographic will. 
• Although some states have laws allowing holographic wills Florida is not one of them so watch out.

Holographic Wills

• Holographic wills are not going to be accepted to probate in West Palm Beach.
• There is actually a statute that bans them!
• Some States do not dislike these wills as much but that does not matter there is no reciprocity with these wills in West Palm Beach.
• If your will is not witnessed and handwritten watch out.
• Just because it is in your handwriting does not mean the probate court is going to ignore applicable statutes.
• This is one of the few times a will that was valid in another jurisdiction will not be valid in Florida.
• The other exception of course being that you were not a resident at the time you executed the original will in another jurisdiction.
• If you are unsure whether or not your will is going to be admitted there is always the safe road. 
• Talk to an experienced Palm Beach probate attorney.
• If they are still unsure then it may be best to just create a new estate plan in Florida if you plan on staying a while!