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Moving to Florida

You Moved to Florida.
Your Estate Plan Didn't.

An out-of-state trust may fail Florida's requirements. A New York will can't account for Florida homestead law. Your old Power of Attorney may be refused by Florida banks.

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F.S. Chapter 736 Compliant 25 Years Florida Estate Law Serving Snowbirds & New Residents
Why It Matters

Three ways your old estate plan fails in Florida

Florida has its own body of estate law. Documents that worked perfectly in New York or California may be legally deficient — or outright invalid — once you establish Florida domicile.

📋

Your old will doesn't know Florida law

  • Florida does not recognize holographic (handwritten) wills
  • Florida homestead restrictions may invalidate property devises in your NY/NJ/IL will
  • Your Personal Representative may not qualify — Florida restricts non-resident PRs
  • Two-witness requirement must be strictly followed under Florida execution rules
🏠

Your old trust may have gaps

  • Out-of-state trusts often need restatement under Florida law (F.S. Chapter 736)
  • California community property provisions require special handling
  • Multi-state property creates ancillary probate if not properly held in trust
  • Florida-specific trustee powers and distribution standards may be missing
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You're leaving money on the table

  • $0 Florida state estate tax — but domicile must be documented
  • $0 Florida state income tax on wages or retirement income
  • Unlimited homestead asset protection — but title must be correct
  • Prior state may still claim you as a domiciliary without documented change
Tax Savings Estimator

See what Florida saves you

Based on $250,000 annual income and $2,500,000 estate — illustrative only. Actual savings depend on your specific situation.

Annual Income Tax Savings — Based on $250K income
Estate Tax Savings — Based on $2.5M estate
Capital Gains Savings — On $100K capital gains
Estimated Annual Benefit — First-year combined estimate

* Estimates are illustrative and not legal or tax advice. Consult a tax professional for your specific situation. Estate tax savings assume estate exceeds prior state exemption. Florida has no state estate tax, income tax, or capital gains tax.

Your Florida Estate Plan

What a complete Florida estate plan includes

Every item below should be reviewed and updated after establishing Florida domicile. Missing even one can expose your estate to delays, costs, or unintended outcomes.

Florida Restatement of Existing Trust OR New Florida Revocable Living Trust Compliant with F.S. Chapter 736 — Florida Trust Code
Florida Pour-Over Will Properly executed under Florida's two-witness execution requirements
Florida Durable Power of Attorney F.S. Chapter 709 — the only POA Florida banks and institutions will reliably honor
Florida Healthcare Surrogate Designation F.S. Chapter 765 — designates who makes medical decisions if you cannot
Florida Living Will / Advance Directive Sets out your end-of-life care wishes — Florida-specific form required
Deed — Retitle Florida Real Estate to Trust Or Lady Bird Deed for homestead protection and probate avoidance
Domicile Documentation FL driver's license, voter registration, declaration of domicile on file
IRA / Retirement Account Beneficiary Review Coordinate beneficiary designations with your updated trust structure
CA Community Property Analysis (if applicable) Community property characterization follows assets — must be addressed in your trust
Establish Florida Domicile

Check off your domicile steps

Florida domicile must be established and documented before your prior state stops taxing you. Click each step as you complete it.

Florida Domicile Checklist

Click each item to mark it complete

  • 1
    Obtain Florida driver's license Most important step — strongest evidence of domicile intent
  • 2
    Register to vote in Florida Cancel your registration in your prior state
  • 3
    File Florida Declaration of Domicile File with your county clerk — public record that cuts off prior state claims
  • 4
    File Florida Homestead Exemption (Form DR-501) by March 1 Saves up to $50,000 on property taxes and activates homestead protection
  • 5
    Spend 183+ days per year in Florida Keep travel records — your prior state may audit
  • 6
    Change mailing address on all accounts to Florida address Bank accounts, brokerage, insurance, and credit cards
  • 7
    Update your estate plan to reflect Florida domicile Critical — estate plan should expressly declare Florida as your domicile state
  • 8
    Resign from boards/clubs in prior state if possible Social ties are evidence of domicile — reduce prior-state connections
  • 9
    File final-year tax return in prior state Mark as a part-year return — establish the date of departure

0 of 9 steps completed

State-Specific Alerts

What you specifically need to know

The risks of an outdated estate plan vary depending on where you moved from. Here's what matters most by state.

New York Alert

Estate tax cliff: NY estates just over $6.94M are taxed on the entire amount at up to 16% — not just the excess. Florida domicile eliminates this entirely. Even a $7M estate avoids $1.1M in tax.

California Alert

Community property follows you: California community property remains community property after you move. Your Florida trust must expressly address CA community property, or your spouse's share may be mishandled.

New Jersey Alert

Inheritance tax survives you: NJ still charges inheritance tax up to 15% on transfers to siblings and others — even if you've moved. Florida has zero inheritance tax on any relationship.

Illinois Alert

No portability: Illinois has a $4M estate tax exemption with no portability between spouses. A couple with $8M in assets faces tax on the second death without planning. Florida has no estate tax at all.

Massachusetts Alert

$2M exemption — lowest in the country: MA taxes estates over $2M at up to 16%. A $3M estate owes MA $182,000. Florida: $0. MA also taxes capital gains at up to 9%.

Washington State Alert

Capital gains tax + estate tax: WA imposes a 7% capital gains tax and an estate tax up to 20% on estates over $2.19M — one of the highest rates nationally. Florida has neither.

Connecticut Alert

Taxed even after you leave: CT has historically pursued domicile audits aggressively. Your estate plan must clearly document Florida domicile to withstand a CT challenge.

All States

Prior-state audits are real: High-tax states audit domicile claims. Your estate plan should expressly declare Florida domicile. We document this in every plan we prepare for new Florida residents.

Transparent Pricing

Florida estate plan packages

Flat-fee pricing — no surprises. We quote the full scope upfront and hold to it.

Trust Restatement

From $1,499

Update your existing out-of-state trust to Florida law — includes Florida-specific provisions, trustee powers, and domicile declaration

New Florida Trust Package

From $1,499

Florida Revocable Living Trust + Pour-Over Will + POA + Healthcare Surrogate + Living Will

Complete Estate Plan

From $1,999

Will + Trust + all ancillary documents + deed coordination + domicile documentation package

Start My Florida Estate Plan →

Free 20-minute phone consultation for new clients moving from out of state

The clock starts when you arrive

Every day you spend in Florida with an outdated estate plan is a day your old documents govern your future. Let's fix that.

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