Moving to Florida rarely makes your estate plan invalid, but it usually makes it out of date. Most wills and trusts signed in another state still work here. Your power of attorney, health care documents, homestead, and the people you named to act for you are what most often need to change to fit Florida law and your new life.
A short review now is far easier than sorting out a mismatch after a death or an incapacity. Here is what to look at once you become a Florida resident.
Why Moving to Florida Changes Your Estate Plan
Florida has no state income tax, and it does not charge a state estate tax or inheritance tax. For many newcomers, that is part of the appeal. But taxes are only one piece of an estate plan. Your documents also depend on state law for who can serve in key roles, how property passes, how a spouse is protected, and how your home is treated.
Your life has also changed. A new home, a new city, and often a new set of nearby family, friends, and advisors all affect who you want to name as personal representative, trustee, or agent.
Is My Out-of-State Will Still Valid in Florida?
Often, yes. Under Florida law, a will signed by someone who does not live in Florida is valid here if it was valid where it was signed (Fla. Stat. 732.502). A will that was self-proved under your old state’s law is also treated as self-proved in Florida (Fla. Stat. 732.503).
Valid does not mean ready. An older will may name an executor who cannot serve here, refer to another state’s laws, or contain tax planning for a state estate tax you no longer face. Florida only lets a person who lives outside Florida serve as personal representative if they are a close relative, such as a child, parent, spouse, sibling, aunt, uncle, niece, or nephew, or the spouse of one of them (Fla. Stat. 733.304). A trusted friend who lives in your old state cannot serve. See our post on whether non-residents can serve as personal representatives.
If you sign a new will in Florida, it must follow Florida’s formalities, including two witnesses who sign in front of you and each other.
Establish Your Florida Domicile and Claim Your Homestead
Your estate plan works best when your legal home is clearly Florida. Most people show this with a Florida driver’s license, vehicle registration, and voter registration. You can also record a sworn declaration of domicile with the clerk of the circuit court in your county (Fla. Stat. 222.17), an optional step that puts your intent on the record.
If you buy a home here, apply for the homestead exemption. You generally must own the home and make it your permanent residence by January 1, and file with your county property appraiser by March 1 of that year. If you miss the deadline, you may lose the exemption for that year. Homestead status also does more than lower your property tax bill. It limits how the home can be left at death if you are survived by a spouse or minor child, and it carries creditor protections. Those rules should shape how you title the home and whether you place it in a trust. See our posts on putting a homestead in a revocable trust and homestead inheritance rules for married couples.
Replace Your Power of Attorney and Health Care Documents
This is the update most newcomers need first, because these documents matter while you are alive. A power of attorney signed in another state is valid in Florida if it followed that state’s law. But a bank, brokerage, or title company can ask for a lawyer’s opinion that it is valid, at your expense, and can refuse to accept it until you provide one (Fla. Stat. 709.2106). That can mean delays at the moment your family most needs to act. A new Florida power of attorney, signed by you and two witnesses and acknowledged before a notary (Fla. Stat. 709.2105), avoids that problem.
Health care documents work a little differently. Florida honors an advance directive signed in another state if it followed that state’s law or Florida’s (Fla. Stat. 765.112). Even so, signing a Florida health care surrogate designation and living will lets you name people who live near you and can get to the hospital quickly, using forms Florida doctors see every day.
Fund Your Trust and Update Your Accounts
If you have a revocable trust from another state, it is usually still valid here. The question is whether it is funded and whether it fits. A trust only controls property that has been retitled into it, so a new Florida home often needs a new deed, and new bank and brokerage accounts need the right titling. Review the trustee and successor trustee choices, and check any language tied to your old state.
Also review the beneficiary designations on retirement accounts, life insurance, and annuities. These pass outside your will and trust, so an outdated designation can override a carefully updated plan.
Don’t Forget Property You Still Own Elsewhere
If you keep real estate in your old state, it can require a separate court process there after your death, called ancillary probate, unless the property is titled in a trust. Our guide to ancillary probate for out-of-state owners explains how this works. Your old state may also have its own estate or inheritance tax that can still reach property located there, even though Florida does not.
If You Split Your Year Between Florida and Another State
Part-time residents and snowbirds have an extra question to answer first: which state is your legal home? That state, called your domicile, usually decides which state taxes your income, which state’s courts handle your estate, and which rules apply to your documents. Spending winters in Florida does not automatically make you a Florida resident, and keeping a house up north does not automatically keep you a resident there.
States look at the whole picture, not one fact. Common factors include how many days you spend in each state, where you hold your driver’s license and voter registration, where you claim a homestead exemption, where your doctors and financial advisors are, and where you keep your important papers. Some states with higher taxes review residency closely when someone says they have moved, so it helps to keep a calendar of your days and records that match your story. Florida allows a person who has homes in more than one state to record a sworn declaration of domicile with the circuit court clerk, which is one way to state your intent.
Whichever state you choose, make the plan fit both places. Have your will, trust, and power of attorney reviewed for Florida and for the other state where you own property, and make sure agents and successors can act from either location. A home in the second state may still need ancillary probate unless it is titled in a trust. If your answer to the domicile question is unclear, resolve it before you finalize your documents, since everything else builds on it.
Revisit the Tax Picture and Your Spouse’s Rights
Florida does not have a state estate tax, but the federal estate tax still applies to very large estates. For 2026, the federal exemption is $15 million per person, so most families will not owe federal estate tax. If your estate is near or above that level, your plan deserves a closer look. For more on how the exemption works between spouses, read our post on estate tax exemption portability.
Married couples should also look at how Florida protects a surviving spouse. Florida gives a surviving spouse certain rights, including an elective share of the estate, that may differ from the state you came from. If you moved from a community property state, how you own property as a couple may also matter, and Florida has its own rules for recognizing those rights. Couples who want to preserve certain tax benefits should ask about Florida’s community property trust option.
Your Moving-to-Florida Estate Plan Checklist
- Get a Florida driver’s license, register to vote, and register your vehicles.
- Consider recording a declaration of domicile with your county clerk.
- Apply for homestead exemption by March 1 if you own and live in your home by January 1.
- Have your will reviewed, and replace it if the executor or state-specific language no longer fits.
- Sign a Florida power of attorney, health care surrogate designation, and living will.
- Review your trust, deed your Florida home into it if that is the plan, and retitle accounts.
- Check beneficiary designations on retirement accounts and life insurance.
- Review any real estate or accounts you still hold in your old state.
- Revisit your plan for your spouse, children, and any blended-family concerns.
How This Plays Out in Practice
The following is an illustrative example, not a real client.
A retired couple moves from New York to Boca Raton and buys a condo in the spring. They bring their New York wills and powers of attorney, which name a longtime friend back home as executor. They never get around to filing for homestead, and they keep their old condo in New York in their own names.
The next year, the husband has a stroke. When his wife brings his New York power of attorney to their Florida bank, the bank asks for a lawyer’s opinion before it will accept it, and bills go unpaid while she arranges one. Later, their attorney points out more gaps: their friend in New York cannot serve as personal representative in Florida, the condo missed a year of homestead savings, and the New York condo would need a separate probate there.
With a review, the fixes are simple: new Florida powers of attorney and health care surrogate designations naming their daughter in Fort Lauderdale, new wills naming her as personal representative, a homestead filing, and both condos deeded into a revocable trust so neither goes through probate.
When to Speak with an Estate Planning Attorney
Talk with a Florida estate planning attorney soon after you move, and especially if:
- You are retired, have health concerns, or rely on someone else to help with finances
- Your will names an executor who lives outside Florida and is not a close relative
- You bought a Florida home and plan to claim homestead or put it in a trust
- You still own real estate in another state
- You split your year between Florida and another state
- You moved from a community property state, or your estate is near the federal exemption
SJF Law Group helps new Florida residents in Broward, Miami-Dade, and Palm Beach Counties update their wills, trusts, and powers of attorney. If you are a current client, your complimentary annual plan review is a good time to cover a move. If you are not yet a client, we offer a complimentary consultation to talk through your goals, your situation, and your options. Call (954) 580-3690, email Info@EstateandProbateLawyer.com, or fill out our contact form, and our team will get you scheduled.
Frequently Asked Questions
How soon after moving should I update my estate plan? Aim for within the first few months, and sooner if you are retired, own a home here, or have health concerns. Documents that handle incapacity, like a power of attorney, are the most time-sensitive.
Do I need a new will if I already have a trust? Usually, you still need a will, often called a pour-over will, that works with your trust. It should be reviewed for Florida at the same time.
Do I need to redo my trust? Usually not from scratch. An out-of-state revocable trust generally stays valid. It may need an amendment to update trustees, remove references to your old state’s law, or add your Florida home.
Will my old documents still work if something happens before I update them? Often they will, but they may be slower to use or may not fit your situation. That is why a review is worth doing early.
About This Article
Author: Samantha Fitzgerald, Esq., Founder & Managing Attorney, SJF Law Group
Related reading:
- Can non-residents serve as personal representatives?
- What is ancillary probate in Florida?
- 19 reasons to put a homestead into a revocable trust
- Does Florida have an estate tax?
This post is general information, not legal or tax advice. Every situation is different, and reading it does not create an attorney-client relationship.
