A move brings new routines, new opportunities and a long list of practical tasks. Add a review of your estate plan to that list, particularly if you have moved to another state. Your existing documents may still be useful, but local rules and changes in property ownership can affect how the plan works.
Summer Move? Update Your Estate Plan Right Away!
Florida generally recognizes a nonresident’s will that was validly executed under the law of the place of execution, with exceptions including unwitnessed holographic and oral wills. Recognition of a will does not mean every provision will work as intended. For example, Florida limits which nonresidents may serve as personal representative, but qualifying relatives may serve without becoming Florida residents. Review the proposed representative’s eligibility, homestead rules, spousal rights and the ownership of your assets before deciding what needs to change.
Review your advance health care directives and financial power of attorney as well. A document valid elsewhere may be recognized in Florida, but local forms and clear contact information can make the plan easier for providers and decision-makers to use. Coordinate any replacement documents so that you do not unintentionally revoke an arrangement you still need in another state.
A move can also change your state income-tax and estate-tax exposure. Domicile is a legal question that depends on facts; owning a Florida home alone does not settle it. Some states tax estates below the federal threshold or tax property located there even when the owner lives elsewhere. Coordinate the legal review with your tax adviser and update deeds, account titles and beneficiary designations where appropriate.
Estate Planning Attorney
Do you have more questions about estate planning? Do you want to know more about when and how to update your estate plan? Contact Verras Law today.
Sources: Florida Statutes § 732.502; Florida Statutes § 733.304; Florida Statutes § 765.112.
Updated October 26, 2026.