Questions

What does Floridize mean?

To rebuild an estate plan written under another state's law so it works under Florida law and for the life you now live in Florida. A Floridize Review is how Zacharia Frey PLLC shows you where your current plan stands.

Is my estate plan from another state still valid in Florida?

Usually. Florida recognizes most wills, powers of attorney, and health care documents that were valid where they were signed. A handwritten, unwitnessed will is the main exception. But valid is not the same as working: fiduciaries who can't serve, powers banks won't accept, homestead rules, and domicile evidence are where plans fall short.

Do I have to redo my whole estate plan?

Not necessarily. The review tells you what works as written, what works with friction, what will not work, and what is missing. Some people need a few documents. Most married couples who moved with separate trusts are better served by a Florida joint trust.

What should I bring?

Your will, trust and any amendments, powers of attorney, health care documents, deeds, and any prenuptial or postnuptial agreement. A list of your assets, how each is titled, and who is named as beneficiary helps. Values are optional.

How do you use software and AI?

We use secure software, including AI tools, to organize and read your documents. The tools do not make the decisions. An attorney checks every finding against your original pages before you see it, and your documents are handled under the firm's duty of confidentiality.

I spend part of the year up north and I'm not changing my domicile. Does this apply to me?

Partly. If Florida is not your domicile, the review focuses on your Florida property: keeping it out of a Florida probate proceeding and making sure your agents can act here.

What happens to my original documents?

Copies are fine for the review. If you bring originals, we scan them and give them back to you.

Who does the review?

The estate planning attorneys of Zacharia Frey PLLC, 26811 South Bay Drive, Suite 270, Bonita Springs, Florida. The firm's attorneys are licensed in Florida, and Carl B. Zacharia is also licensed in Pennsylvania.

How long do you have to live in Florida to be a resident?

There is no minimum period to make Florida your domicile. You become a resident when you live here with the intent to stay permanently. Some benefits have their own periods: 12 months for in-state tuition and 6 months before filing for divorce. More

Do I have to spend 183 days a year in Florida?

Florida does not require it. The 183-day rule matters to your old state: some states tax you as a resident if you keep a home there and spend more than 183 days there. Keeping most of your days in Florida, and a log to prove it, protects you. More

Do I have to sell my house up north?

No. You can keep it as a second home. Stop claiming any residency-based property tax break on it, and expect your old state to look harder at your move if you keep a home there. More

What documents prove Florida residency?

A Florida driver's license, vehicle registration, voter registration card, recorded Declaration of Domicile, homestead exemption, federal tax return with a Florida address, and Florida estate planning documents. Together they make the case; none is enough alone. More

How quickly do I need a Florida driver's license?

The Department of Highway Safety and Motor Vehicles says within 30 days of establishing residency, if you drive in Florida. More

What are the benefits of becoming a Florida resident?

No personal income tax, no estate or inheritance tax, and for the home you live in, the homestead exemption ($51,411 off assessed value for non-school taxes in 2026), the Save Our Homes cap on yearly increases, and protection from most creditors. More

How long do I have to live in Florida to become a resident?

There is no waiting period. You are domiciled in Florida when you live here and intend to stay. Some benefits have their own timing: the homestead exemption requires that you own and live in the home on January 1 and apply by March 1. More

Do I need a new estate plan if I become a Florida resident?

Not always a whole new one, but it needs a Florida review. Out-of-state wills and trusts are usually valid here; the problems are fiduciaries Florida will not accept, powers of attorney banks resist, homestead rules, and documents that point to your old state. More

Can my old state still tax me after I move to Florida?

It can question whether you really moved, and some states tax you as a resident if you keep a home there and spend more than 183 days there. Even after a complete move, a state with an estate or inheritance tax can reach real estate you still own there. More

Can snowbirds get the Florida homestead exemption?

Only if Florida is their permanent residence, they own and live in the home on January 1, and they are not receiving or claiming a residency-based property tax benefit in another state. More

Is there a 183-day rule in Florida?

Florida does not require a minimum number of days to be domiciled here. The 183-day rule belongs to some of the states people leave, which can tax you as a resident if you keep a home there and spend more than 183 days there. More

What happens to my Florida condo when I die if I am not a Florida resident?

If it is in your own name, Florida generally requires an ancillary probate proceeding here in addition to the one in your home state. A revocable trust that holds the condo usually avoids that. More

Can I rent my Florida home while I am up north and keep homestead?

A short seasonal rental is usually fine. Renting the home for more than 30 days per calendar year for 2 consecutive years abandons the homestead exemption. More

When is the deadline to apply for the Florida homestead exemption?

March 1 of the tax year, with your county property appraiser. You must have owned and lived in the home on January 1 of that year. More

I bought my Florida home in June. When can I get homestead?

The following January 1, if you own and live in it then. Apply by March 1 of that year. More

Do I have to reapply every year?

No. It renews automatically. You must tell the property appraiser if anything changes that affects your eligibility. More

Will putting my home in a living trust cost me the homestead exemption?

Not if it is done correctly. A home held in your revocable trust qualifies when you are a beneficiary who lives there as your permanent residence. More

Can I have a homestead exemption in Florida and another state?

No. Florida denies its exemption to anyone receiving or claiming a property tax benefit in another state that requires permanent residency there. More

How much is the Florida homestead exemption?

For 2026, a total of $51,411 off assessed value for non-school taxes and $25,000 for school taxes, plus the Save Our Homes cap on future increases. More

How long do I have to use portability?

You must establish the new homestead while you have received the homestead exemption on the old one as of January 1 of any of the 3 preceding years. More

Can I bring my property tax savings from another state?

No. Portability moves a Save Our Homes benefit from one Florida homestead to another Florida homestead only. More

What is Florida Amendment 3 in 2026?

A proposed constitutional amendment on the November 3, 2026 ballot that would raise the homestead exemption from non-school property taxes to $150,000 in 2027 and $250,000 in 2028, with a $50,000 exemption for the first four years for people who are not permanent Florida residents as of December 31, 2026. It needs 60 percent of the vote. More

Do I need to be a Florida resident by December 31, 2026?

Only if Amendment 3 passes does that date matter, and then it decides whether you receive the larger exemption starting in 2027 or receive $50,000 for your first four years of exemption. The homestead exemption itself still requires owning and living in the home on January 1. More

Where do I file for homestead in Lee County?

With the Lee County Property Appraiser, by March 1, for a home you owned and lived in on January 1. More

Where do I file for homestead in Collier County?

With the Collier County Property Appraiser, by March 1, for a home you owned and lived in on January 1. More

Where do I record a Declaration of Domicile in Southwest Florida?

With the clerk of the circuit court in the county where you live: Lee, Collier, Charlotte, Sarasota, or Manatee. More

Does a Declaration of Domicile make me a Florida resident?

Not by itself. It is sworn evidence of your intent. Residency comes from the whole picture of where your life is centered. More

Can I file a Declaration of Domicile if I still own a home in another state?

Yes. Section 222.17 has a form for people who keep a home in another state: they swear that their Florida home is their predominant and principal home. More

Where do I file a Declaration of Domicile?

With the clerk of the circuit court in the Florida county where you live, as the statute says. Broward County is the exception in practice: its official records, including the declaration, are recorded by the county's Records, Taxes and Treasury Division. More

Do I need a lawyer to file one?

No. Many people file one as part of updating their estate plan so the documents agree with each other. More

Does signing a Florida will make me a Florida domiciliary?

Not by itself. Domicile is decided by the whole picture of your life. Florida documents remove a piece of evidence that points the wrong way and add one that points the right way. More

What is a Declaration of Domicile?

A sworn statement that you reside in Florida and intend to keep it as your permanent home, filed with the clerk of the circuit court in your county under section 222.17, Florida Statutes. It is evidence of intent, not proof on its own. More

Can my son who lives in another state be my personal representative in Florida?

Yes. A child of the decedent may serve even if they live outside Florida, as long as they are otherwise qualified. More

Can a friend who lives out of state serve?

No. A nonresident who is not related to you as section 733.304 lists cannot qualify as personal representative in Florida. More

Does my trustee have to live in Florida?

Florida law does not impose the personal representative residency rule on trustees. More

Do I need a new power of attorney when I move to Florida?

Your old one is usually still valid. Most people who move here benefit from a Florida power of attorney anyway, because Florida institutions know the form and it contains the separately initialed powers Florida law requires. More

Can a bank refuse an out-of-state power of attorney?

Florida law lets a third party request an opinion of counsel on an out-of-state power of attorney before accepting it, and sets rules for when a refusal is permitted. Families often meet delay even when the document is valid. More

What is a Qualified Income Trust?

A trust that receives the income above Florida's long-term care Medicaid income limit so the person can qualify. Federal law authorizes it at 42 U.S.C. § 1396p(d)(4)(B). It is also called a Miller Trust. More

What if no one has authority to set up the QIT?

The family may need a guardianship, a court proceeding that takes time and money, before the trust can be created. More

Can I leave my Florida home to my children instead of my spouse?

Not if you are survived by your spouse, unless your spouse has validly waived homestead rights. The constitutional restriction applies to a home held in a revocable trust too. More

Will putting my home in a trust cost me the homestead exemption?

It should not, if the deed and the trust are drafted to preserve it. That is one of the items we check. More

Should a married couple in Florida have one trust or two?

For most couples in a first marriage, one Florida joint trust. Second marriages and taxable estates can justify separate trusts; the trade-off is worth discussing. More

Does having a trust mean I avoid probate?

Only for assets the trust actually holds or that are payable to it. Anything left in your individual name may still go through probate. More

Will my house in another state go through probate there?

Usually, if it is in your individual name when you die. Deeding it into your trust while you are living generally avoids that second proceeding. More

Do I need a new will after moving to Florida?

Not always to be valid. Most people benefit from one anyway: it names fiduciaries who can serve here, recites your Florida residence, and works with Florida homestead law. More

Is a handwritten will valid in Florida?

A holographic will, one handwritten and signed without the required witnesses, is not valid in Florida, even if it was valid where it was signed. More

Is my health care proxy from another state valid in Florida?

Yes, if it complied with the law of the state where you signed it, under section 765.112, Florida Statutes. More

Can I leave everything to my children from my first marriage?

Your spouse may have elective share and homestead rights unless they were validly waived. That plan needs a careful look in Florida. More

Is Florida a community property state?

No. Florida preserves community property rights in property acquired while a couple lived in a community property state, under sections 732.216 through 732.228, Florida Statutes. More

General information about Florida law, not legal advice for your situation. Reading it does not create an attorney-client relationship.