A will is the foundation of most estate plans, but for out-of-state property owners and dual-state residents, a will alone often is not enough to keep Miami real estate out of Florida probate. We draft Florida wills that are properly executed under state law and integrate them with the other tools dual-state families need.
How a Will Must Be Executed in Florida
Under Florida Statutes §732.502, a valid will must be in writing, signed by the testator at the end (or by another at the testator’s direction and in their presence), and signed by at least two attesting witnesses who sign in the presence of the testator and of each other. These formalities matter. A will that was perfectly valid where you signed it may still face challenges if it does not meet Florida’s requirements, which is a real concern for clients who execute documents in their northern home state.
Self-Proving Affidavits
Florida allows a will to be made self-proving under §732.503 by attaching an affidavit signed by the testator and witnesses before a notary. A self-proving will can be admitted to probate without the witnesses having to be located and testify later, which is a meaningful advantage when witnesses live in different states. We always recommend making your Florida will self-proving.
Out-of-State Wills and Florida Property
Florida generally recognizes a will valid under the laws of the state where it was executed, except for holographic (handwritten, unwitnessed) and nuncupative (oral) wills, which Florida does not honor even if valid elsewhere. If your existing will is holographic, it will not control your Miami property. We review out-of-state wills and, where appropriate, prepare a Florida will so your Miami real estate is handled correctly.
Why a Will Alone May Mean Probate
A common misunderstanding among dual-state owners is that having a will avoids probate. It does not. A will is the instruction set for probate; assets titled in your individual name still pass through administration under the Florida Probate Code. For a non-resident who dies owning Miami property, this typically means an ancillary administration in Florida in addition to the home-state estate. To avoid that, we often pair the will with a trust or a Lady Bird deed.
Homestead and Devise Restrictions
If your Miami property is your Florida homestead and you are survived by a spouse or minor child, the Florida Constitution restricts how you may devise it in your will. An improper devise can be invalid, and the property may pass by operation of law instead. Because dual-state clients often have questions about whether their property is homestead at all, we analyze this before drafting.
Talk to a Florida Attorney
This information describes Florida law in general terms and is not legal advice for your situation. Will execution, homestead, and the interaction with your home-state documents all turn on specific facts. Please consult a licensed Florida attorney before signing or relying on any will.
