Updating Your Estate Plan After Moving to Florida

Thousands of people relocate to Florida each year, bringing estate plans created in their former states. While these documents may remain technically valid, they often need updating to address Florida's unique legal requirements and to take full advantage of Florida law.

Why Updates Are Necessary

State Laws Differ: estate planning law varies significantly from state to state. Documents drafted for New York or California may not work well in Florida.

Florida-Specific Issues: Florida has unique provisions regarding homestead property, spousal rights, and other matters that out-of-state documents typically don't address.

Personal Representative Requirements: Florida has specific requirements for who can serve as your personal representative (executor). Non-resident friends generally cannot serve.

Witness Requirements: Florida requires two witnesses for wills and specific witness qualifications. Your out-of-state will may not meet these standards.

Key Florida Differences to Address

Homestead Property: Florida's homestead laws are unique and powerful. They provide:

Creditor protection for your primary residence

Property tax benefits (Save Our Homes cap)

Restrictions on transfer at death if you have a spouse or minor children

Your out-of-state estate plan likely doesn't address these provisions. Failing to account for homestead can result in unintended results or invalid transfers.

Spousal Rights: Florida provides surviving spouses with strong protections:

Elective share (30% of the estate)

Homestead rights

Family allowance during administration

Exempt property

These rights exist regardless of what your will says and may differ from your former state.

Personal Representative Qualifications: In Florida, your personal representative must be:

A Florida resident, OR

A spouse, parent, child, sibling, or other close relative regardless of residence

If your will names a friend or distant relative who doesn't live in Florida, they cannot serve.

Trust Provisions: Florida trust law has specific requirements regarding:

Trustee qualifications

Trust registration (for testamentary trusts)

Notice requirements

Accounting rules

Documents That May Need Updating

Last Will and Testament:

Update personal representative and guardian designations

Ensure proper witness requirements

Address Florida homestead provisions

Consider Florida-specific trust provisions

revocable living trust:

Confirm Florida recognition

Update successor trustee provisions

Address homestead property

Review distribution provisions

Durable Power of Attorney:

Florida has specific statutory requirements

Many institutions prefer or require Florida-format POAs

Authority for homestead transactions may need updating

Healthcare Documents:

Florida has specific forms for healthcare surrogates

Living will provisions may differ

Consider adding Florida-specific language

When to Act

Update your estate plan:

Immediately:

Review personal representative and trustee designations

Ensure your power of attorney will be accepted

Confirm healthcare documents work in Florida

Within the First Year:

Have a Florida attorney review all documents

Update for Florida homestead provisions

Consider whether trust provisions need changes

Ongoing:

Update bank account and investment ownership

Change insurance beneficiaries if needed

Notify your former state attorney

The Update Process

When you meet with a Florida estate planning attorney, bring:

Current will and any codicils
Any trust documents
Power of attorney
Healthcare documents
Deeds to real property
Recent statements for major accounts
Life insurance policies
We'll review your existing plan, identify Florida-specific issues, and recommend updates to ensure your plan works effectively in Florida.
Contact our office to review your estate plan after moving to Florida.