Moved to Florida from New Jersey? What happens to your estate plan

What New Jersey can still reach

• New Jersey stopped imposing its estate tax for deaths on or after January 1, 2018, and kept its inheritance tax. Spouses, domestic and civil union partners, children (including stepchildren), grandchildren and other descendants, parents, and grandparents (Class A) pay nothing. Siblings, including half-siblings, and a child's spouse (Class C) pay 11 to 16 percent on amounts above $25,000. Most other beneficiaries (Class D) pay 15 percent on the first $700,000 and 16 percent above that. Charities and government bodies (Class E) are exempt.

  Applies to 2026.

• For a decedent who lived elsewhere, the tax reaches New Jersey real estate and tangible personal property located in New Jersey. Bank accounts, stocks, and other intangibles are not taxed.

  Applies to 2026.

For comparison: The federal basic exclusion amount is $15,000,000 per person for 2026, and a surviving spouse may use the unused exclusion of the first spouse to die (portability). Florida has no estate tax and no inheritance tax.

Worth knowing

A plan that leaves part of the estate to a niece, nephew, friend, or partner is where New Jersey's inheritance tax bites. If you still own New Jersey real estate, it matters even after your move.

Proving you left

Every state with an income or estate tax has a reason to question a move to Florida. Your estate planning documents are part of the record: a will that recites your New Jersey address and New Jersey law points the wrong way. How domicile is decided and the Florida domicile checklist.

Your New Jersey documents in Florida

• Is my out-of-state will valid in Florida?
• Can someone who lives out of state be my personal representative?
• Will my power of attorney work at a Florida bank?
• Do my health care directives work in Florida?
• Is my trust actually holding anything?