The Sunshine (E)state May Be On Your Mind: Estate Planning Considerations for New (or soon to be) Florida Residents

Published: March 31, 2026

Florida continues to attract new residents from across the country due to its warm climate, vibrant communities, and preferred tax environment. While many new Floridians focus on real estate, residency status, and lifestyle changes, one critical item is often overlooked: updating their estate plan.

Relocating to Florida can significantly impact how your assets are protected, transferred, and taxed. Whether you are newly retired, purchasing a second home that will become your primary residence, or simply seeking the benefits of Florida residency, considering the impact on your estate plan is essential.

Florida’s Estate Planning Advantages

One of the most notable benefits of establishing residency in Florida is the absence of a state income tax. Florida also does not impose an estate or inheritance tax, making it an attractive jurisdiction for wealth preservation and generational planning.

In addition, Florida law provides strong asset protection features that can be incorporated into estate planning strategies, including:

• Homestead protections. Florida’s homestead laws offer powerful creditor protection for a primary residence and may restrict how that property is transferred upon death.
• Tenancy by the entirety. Married couples may hold certain assets in a manner that protects them from the individual creditors of one spouse.
• Asset protection planning. Florida law allows for planning techniques designed to safeguard assets for beneficiaries and future generations.

 
Why Your Existing Estate Plan May Need Updating

While estate planning documents prepared in another state can remain valid after a move to Florida, they may not fully align with Florida law or take advantage of Florida-specific planning opportunities.

For example:

• A will or trust drafted elsewhere likely does not properly address Florida homestead requirements.
• A will or trust draft elsewhere may not properly address spousal rights under Florida law, which can supersede the terms of the documents.
• A will drafted elsewhere may name a Personal Representative (a/k/a Executor) that does not qualify under Florida law
• A will or trust signed in another state may continue to be subject to the income tax of that state unless updated in conformity with Florida law. Durable powers of attorney executed in another state may lack language required for certain financial controls.
• Health care directives and living wills may not reflect Florida legal forms or procedures.

Even small differences in state law can create unintended complications for family members or fiduciaries when the time comes to administering an estate.

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Florida Residency Considerations

For individuals relocating from higher-taxed states, properly establishing Florida residency can also be an important component of broader tax and estate planning. To establish residency, consider the following as they help demonstrate that Florida is recognized as your permanent home.

• Updating your driver’s licenses and voter registration
• Changing primary physicians, advisors, and banking relationships
• Spending sufficient time (according to legal requirements) in Florida each year
• Updating estate planning documents in conformity with Florida law

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Revisiting Your Entire Plan

Estate planning is not simply about transferring assets at death—it is about ensuring that your wishes are honored, your loved ones are protected, and your legacy is preserved. Relocation presents an excellent opportunity to conduct a comprehensive review of your estate planning strategy. In addition to updating documents, this may include:

• Reviewing beneficiary designations on retirement accounts and life insurance
• Evaluating trust structures for tax efficiency and asset protection
• Confirming fiduciary appointments, especially if prior trustees or agents live in another state
• Considering planning for future incapacity or long-term care needs

 
Planning for the Next Chapter

Moving to Florida often represents the start of an exciting new chapter. Taking the time to update your estate plan ensures that the legal and financial foundations supporting that chapter are just as strong as the lifestyle it promises.

With thoughtful planning tailored to Florida law, new residents can take full advantage of the state’s favorable environment while protecting the people and assets that matter most.