Do I need a new will when I move to Florida?

Not to have a valid will. Florida recognizes a will that was valid where you signed it, except a handwritten, unwitnessed will or an oral will. You may still want a new one if it names a personal representative Florida will not appoint, ignores Florida homestead, or recites your old state's address.

Is my power of attorney from another state valid in Florida?

Usually, if it met the law of the state where you signed it. A bank may still ask for a lawyer's opinion letter before accepting it, and it may lack powers Florida requires you to initial one by one.

Do I need a whole new estate plan?

Not necessarily. Some people need only a new power of attorney and health care documents. Married couples who arrived with two separate trusts are usually better served by one Florida joint trust. The scorecard shows which documents to keep, so you replace only what needs it.

How long does updating my estate plan take?

Usually one meeting to decide the new plan and one signing. The deed to your Florida home is recorded after you sign.

Where are you located?

Our main office is in Bonita Springs, serving Naples, Estero, Fort Myers, Cape Coral, and Punta Gorda. We also meet clients at our professional office in Lakewood Ranch, serving Sarasota, Bradenton, and Manatee County. Because the review starts with documents you send us, we can begin before you come in.

Floridize your estate plan.

You've moved to Florida. Did your estate plan move with you?

Moving to Florida, or already here? Your will, trust, and powers of attorney were written for the state you left. They are probably still valid here. Valid is not the same as working. We read every page and show you what works in Florida, what doesn't, and what's missing.

Start a review: (239) 345-4545 See how it works

Floridize Scorecard

Sample

WillWill Not Work
Names a friend in Connecticut as sole personal representative.
Revocable trustWorks With Friction
Governed by New York law. The Florida home was never deeded into it.
Power of attorneyWorks With Friction
Valid New York form, but none of Florida's separately initialed powers.
Medicaid authorityMissing
No authority to create or fund a Qualified Income Trust.
Health care proxyWorks in Florida
Valid in Florida. Names the spouse, then a daughter.
Living willWorks With Friction
Written around New York's conditions, not Florida's.
Pre-need guardianMissing
No designation.
Domicile recordMissing
Every document recites a New York address. No Declaration of Domicile.

Illustration. A fictitious couple who moved from Westchester County, New York, in 2021. Not a real client.

Moving to Florida?

Valid is not the same as working.

Florida recognizes most documents signed properly in another state. The trouble starts when someone tries to use them.

The power of attorney at the bank

If your New York power of attorney was signed properly under New York law, it is valid in Florida. The bank can still ask for a lawyer's opinion letter before it lets your daughter act, and the form lacks the powers Florida makes you initial one by one.

The friend who can't serve

Your will names your best friend in Connecticut as executor. Florida won't appoint a nonresident unless they are a close enough relative. Your son in Ohio could serve. Your friend cannot.

The address in your will

Every document you signed recites your old address and your old state's law. If that state ever questions whether you really moved, your own estate plan is evidence against you.

Every document gets one of four ratings.

Works in Florida: Valid here and practical as written.
Works With Friction: Valid, but expect delay, refusal, or extra cost when it is used.
Will Not Work: Fails in Florida, or produces a result you did not intend.
Missing: Florida planning calls for it and your plan does not have it.

Your estate plan may be testifying against you.

States with income and estate taxes audit people who say they left. Auditors look at where your life is centered: your home, your time, your family, your treasured things. They also look at the address in your will. Florida documents, a recorded Declaration of Domicile, and a consistent paper trail make the case that Florida is home.

How domicile is decidedWhat auditors look at, and how a Florida plan helps.The Florida domicile checklistFree and printable. No email required.

Bring. Read. Rate. Map. Floridize.

Step 1
Bring
Give us your current plan.
Step 2
Read
We read every page.
Step 3
Rate
Each document gets one of four ratings.
Step 4
Map
See where everything goes.
Step 5
Floridize
Keep what works. Fix what doesn't.

What happens at each step

Where does everything go?

Your trust controls only what it holds. Retirement accounts and insurance follow their beneficiary designations. Tell us what you own and how it is titled, and we show where each asset appears to go at the first death and at the second. Values are optional.

Where each asset appears to go at the first and second death
Asset and title	First death	Second death
Florida homeHusband and wife, as tenants by the entirety	Surviving spouse, outrightThe New York trust never receives it.	Probate in Florida under the survivor's will
IRAHusband; wife named as beneficiary	Surviving spouse, by designation	Whoever the survivor names, if anyone
Brokerage accountHusband, individually	Probate, then the will, then the spouse	Probate again under the survivor's willNot what the plan intended
Life insuranceHusband insured; beneficiary is "my estate"	Probate, where creditors can reach it	Depends on the survivor's planNot what the plan intended
Revocable trustSchedule A is blank	Holds nothing, so it controls nothing	Holds nothingNot what the plan intended

Florida home
Husband and wife, as tenants by the entirety
First death
Surviving spouse, outright
Second death
Probate in Florida under the survivor's will
IRA
Husband; wife named as beneficiary
First death
Surviving spouse, by designation
Second death
Whoever the survivor names, if anyone
Brokerage account
Husband, individually
First death
Probate, then the will, then the spouse
Second death
Probate again under the survivor's will
Not what the plan intended
Life insurance
Husband insured; beneficiary is "my estate"
First death
Probate, where creditors can reach it
Second death
Depends on the survivor's plan
Not what the plan intended
Revocable trust
Schedule A is blank
First death
Holds nothing, so it controls nothing
Second death
Holds nothing
Not what the plan intended

Illustration. A fictitious couple who moved from Westchester County, New York, in 2021, husband dying first. Not a real client.

Where did you move from?

Some states tax the estates of people who left, or the property they left behind. Each page covers what that state can still reach after your move.

What a Floridize Review checks

Updating your estate plan in Florida

Do I need a new will when I move to Florida?: Not to have a valid will. Florida recognizes a will that was valid where you signed it, except a handwritten, unwitnessed will or an oral will. You may still want a new one if it names a personal representative Florida will not appoint, ignores Florida homestead, or recites your old state's address. More
Is my power of attorney from another state valid in Florida?: Usually, if it met the law of the state where you signed it. A bank may still ask for a lawyer's opinion letter before accepting it, and it may lack powers Florida requires you to initial one by one. More
Do I need a whole new estate plan?: Not necessarily. Some people need only a new power of attorney and health care documents. Married couples who arrived with two separate trusts are usually better served by one Florida joint trust. The scorecard shows which documents to keep, so you replace only what needs it. More
How long does updating my estate plan take?: Usually one meeting to decide the new plan and one signing. The deed to your Florida home is recorded after you sign. More
Where are you located?: Our main office is in Bonita Springs, serving Naples, Estero, Fort Myers, Cape Coral, and Punta Gorda. We also meet clients at our professional office in Lakewood Ranch, serving Sarasota, Bradenton, and Manatee County. Because the review starts with documents you send us, we can begin before you come in. More

Find out where your plan stands.

Call us to start a Floridize Review, or send us a note and we will call you.

Call (239) 345-4545 Send a note