Is my out-of-state will valid in Florida?

Florida generally recognizes a will that was validly executed in another state. However, recognized is not the same as ideal. Florida's homestead rules, restrictions on who can serve as personal representative, and execution differences can cause problems, so a Florida review after moving is strongly recommended.

Do I need a new estate plan when I move to Florida?

You often do not need to start from scratch, but you should have your plan reviewed and updated for Florida. At a minimum, Florida-form powers of attorney and a health care surrogate are recommended, your trust may need to be reviewed and your Florida assets retitled, and your homestead should be addressed under Florida law.

Why does Florida homestead matter for new residents?

Florida's constitution gives your homestead special creditor protection and restricts how it can pass at death, particularly if you have a spouse or minor children. Out-of-state documents rarely account for these rules, which makes homestead one of the most common problems for new Florida residents.

Should snowbirds change their domicile to Florida?

If Florida is becoming your primary residence, establishing Florida domicile and updating your estate plan accordingly can provide legal clarity and potential tax advantages, since Florida has no state income or estate tax. Clear domicile documentation also helps avoid disputes between states.

Moving to Florida? Your Estate Planning Checklist (2026)

One of the most common things I see in my Florida practice is a new resident who arrives from New York, New Jersey, Ohio, or Michigan with an estate plan they signed years ago — and assumes it carries over. Sometimes it mostly does. Often it doesn't. Estate law is state-specific, and Florida's rules are genuinely different.

Here's the checklist I'd give any new Florida resident.

Your new-resident checklist

Have your will reviewed for Florida. Florida usually recognizes an out-of-state will, but execution differences and personal-representative rules can still cause problems.
Check your personal representative. Florida restricts who can serve — a non-relative who lives out of state may not qualify.
Review your trust — and re-title Florida assets into it. An out-of-state or unfunded trust can still leave your family in Florida probate.
Address your homestead. Florida's constitution restricts how your home can pass and gives it special protection. Out-of-state documents rarely account for this.
Replace your powers of attorney with Florida forms. Florida banks and institutions expect a Florida durable power of attorney.
Update your health care directives. Get a Florida health care surrogate designation and living will so Florida providers honor your wishes.
Refresh beneficiary designations. Make sure retirement accounts, life insurance, and POD/TOD accounts still name the right people.
Establish Florida domicile. If Florida is now home, document it — it provides legal clarity and potential tax advantages.

Why Florida is worth getting right

Florida law gives new residents real advantages — no state income or estate tax, strong homestead protection, and easy probate avoidance through a funded trust. But those benefits only help if your plan is actually built for Florida. When you move here, you're not just changing your address — you're changing the law that governs your estate.

The homestead trap The single most common problem I see in transplants is a will or trust that doesn't account for Florida homestead rules. It's also one of the most consequential — so if you do nothing else, have your home's disposition reviewed under Florida law.

You don't have to start over

In most cases, updating an out-of-state plan for Florida is far simpler than people fear. A Florida-specific online plan — with the option for a Florida attorney to review it — can bring your documents current in about 20 minutes, so your home is protected and your family is spared the probate maze.

Make Your Plan Florida-Valid

See where your out-of-state plan has Florida gaps with a free 3-minute quiz, then update it online — self-guided or attorney-guided by Arthur Simpson, Esq.

Check My Plan →

This article is attorney advertising and general information only — not legal advice, and it does not create an attorney-client relationship. Multi-state and domicile issues are fact-specific; consult a licensed Florida attorney about your situation. Arthur Simpson, Esq. is licensed in Florida (Bar #529265). No particular result is guaranteed.

Moving to Florida? Your Estate Planning Checklist

Your new-resident checklist

Why Florida is worth getting right

You don't have to start over

Make Your Plan Florida-Valid

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