Moved to Florida from Virginia? What happens to your estate plan

What Virginia can still reach

• Virginia's estate tax applies only to deaths before July 1, 2007. It equals a federal credit for state death taxes that no longer exists, so no Virginia estate tax is due for current deaths. Virginia has no inheritance tax.

  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

Without a death tax at stake, the Virginia review centers on the documents and on any Virginia real estate, which would need its own probate in Virginia unless your trust holds it.

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 Virginia address and Virginia law points the wrong way. How domicile is decided and the Florida domicile checklist.

Your Virginia 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?