Moved to Florida from Wisconsin? What happens to your estate plan
Zacharia Frey PLLC. Updated November 2026.
Wisconsin has no estate or inheritance tax, so the review centers on your documents and on any Wisconsin real estate, which would need its own probate in Wisconsin unless your trust holds it.
What Wisconsin can still reach
Wisconsin has had no estate tax for deaths after December 31, 2012, and no inheritance tax since 1992.
Applies to 2026.
Wisconsin is a marital property state: property spouses acquire while living there is presumed to be marital property, owned one-half by each.
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
Marital property brought from Wisconsin can keep that character in Florida, which matters to how a married couple's Florida plan divides and passes 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 Wisconsin address and Wisconsin law points the wrong way. How domicile is decided and the Florida domicile checklist.
Your Wisconsin documents in Florida
Sources
- Wis. Stat. § 72.36 (statute)
- Wisconsin Legislative Fiscal Bureau, Informational Paper 7, Estate Tax (2007)
- Wis. Stat. § 766.31 (statute)
Tax figures change. We confirm the current figures for the year of your review before advising on them.
General information about Florida law, not legal advice for your situation. Reading it does not create an attorney-client relationship.