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Title Tag: Moving to Florida? Estate Planning Checklist for New Residents (2026) - ProbatePedia

Meta Description: Florida has no estate tax, no inheritance tax, no state income tax, and strong homestead protection. But your old will may not work in FL. Your old trust may have unnecessary AB Trust provisions. And your out-of-state executor may not qualify. Here's the complete Florida estate planning checklist for new residents.

Moving to Florida? Estate Planning Checklist for New Residents (2026)

Last Updated: March 2026 • Florida Statutes (F.S.) Title XLII• Interstate Move Series — Article 4 of 5 · HIGH VOLUME

| ContentDetailContentImpact for New Resident** | | --- | --- | --- | | No Florida Estate Tax | FL has no state estate tax — zero. Abolished decades ago. No exemption threshold to worry about. | If you moved from NY ($7.28M exemption; 16%), MA ($2M; 16%), WA ($2.193M; 20%), OR ($1M; 16%), IL ($4M; 16%), or MN ($3M; 16%): your old state estate tax liability is eliminated by changing domicile to FL | | No Florida Inheritance Tax | FL has no inheritance tax. Beneficiaries pay no FL tax on inherited assets regardless of their relationship. | PA residents: your children currently owe 4.5% PA inheritance tax on everything they inherit. Move to FL: $0 FL inheritance tax. NJ siblings: 11%–16% NJ Class C inheritance tax → $0 in FL. | | No Florida State Income Tax | FL has no personal income tax — including no tax on retirement income, investment income, Social Security, or trust income. | NY high earners: combined federal + NY state income tax can exceed 50%. Moving to FL: save NY state income tax (up to 10.9%) on all investment and retirement income going forward | | Florida Homestead Protection | Art. X, Sec. 4, FL Constitution: unlimited homestead exemption from most creditor claims; homestead cannot be devised except to spouse or minor children; property tax Save Our Homes cap (3% annual assessment increase cap after first year) | Most powerful homestead protection in the nation; unlimited value; creditor cannot force sale of FL homestead except mortgage lender, HOA, property tax; must file for Homestead Exemption with county Property Appraiser by March 1 | | Lady Bird Deed / TOD Deed | FL allows enhanced life estate deed (Lady Bird Deed) and TOD deed options for real property probate avoidance — ⚠ verify current F.S. §689.075 for TOD deed and Lady Bird deed distinction | FL homeowners can pass their home at death without probate using a Lady Bird Deed or TOD Deed — without giving up any control during lifetime | | Unlimited IRA / Retirement Account Protection | FL Statute §222.21: IRA and retirement accounts exempt from creditor claims — unlimited amount | One of the strongest retirement account protection statutes in the US; particularly valuable for high-balance IRA owners |

Florida Estate Planning Traps for New Residents

| ContentRiskContentSolution** | | --- | --- | --- | | Non-Resident Executor Disqualified | FL F.S. §733.304: a non-resident executor can serve in FL ONLY if they are a blood relative, half-blood relative, adopted child, adoptive parent, or spouse of such person. Your college friend named as executor in your New York will cannot serve as your Florida Personal Representative. | Update FL will naming a Florida-resident executor, a qualifying family member, or a licensed Florida trust company | | AB Trust Provisions No Longer Needed | If your old trust was designed for a state with a low estate tax (MA: $2M; WA: $2.193M; NY: $7.28M), it likely contains mandatory AB Trust provisions that split the trust at first death. In Florida, with no state estate tax, this mandatory split creates unnecessary complexity, restricts the surviving spouse's access to Trust B assets, and creates ongoing trust administration costs — for zero tax benefit. | Amend revocable trust to make AB Trust split optional rather than mandatory; or remove AB Trust provisions entirely if federal estate is below $15M federal threshold; consult FL estate planning attorney | | New FL Home Not in Trust | If you close on your new Florida home without instructing the title company to deed it to your trust, the property will be in your individual name and will pass through Florida probate at death — regardless of what your trust says. | Bring Certificate of Trust to closing; instruct title company in advance to deed property to trust; or file a Lady Bird Deed immediately after closing | | FL Homestead Devising Restrictions | Florida's homestead law restricts who can inherit the homestead. If you have a surviving spouse and/or minor children, you CANNOT freely devise the homestead to anyone else. This FL constitutional rule overrides your will and trust. | Understand FL homestead devising rules before drafting estate planning documents; get FL estate planning attorney review — this is one of the most complex areas of FL estate law | | Old TODD Covered Old Property Only | A Transfer on Death Deed recorded on your old state property applied to that specific property only. It does not cover your new Florida home. | File a FL Lady Bird Deed or TOD Deed on the new FL property; or deed property to revocable trust | | Healthcare Documents in Old State Format | FL hospitals may question or refuse to honor a Healthcare Directive or DPOA in another state's format — especially if FL-specific statutory forms are not used. | Re-execute FL Healthcare Surrogate designation (F.S. Ch. 765) and FL Durable Power of Attorney (F.S. Ch. 709) within 90 days of move |

Florida Homestead — The Most Important and Complex FL Estate Planning Topic

Florida's homestead protection is extraordinarily powerful — but it comes with strict rules about who can inherit it. These rules exist in the Florida Constitution (Art. X, Sec. 4) and override your will and trust unless your plan specifically addresses them.

| ContentFL Homestead Devising RuleContentWhat Your Will/Trust Must Say** | | --- | --- | --- | | Surviving spouse; no minor children | Homestead passes to surviving spouse as life estate with remainder to lineal descendants — OR surviving spouse can elect to take ½ as tenant in common. You CANNOT leave the homestead to anyone else if a surviving spouse exists. | Will / trust must account for FL homestead law; simple 'everything to my spouse' language may conflict with homestead devising rules; FL estate attorney must review | | Minor children; surviving spouse | Homestead CANNOT be devised away from minor children; passes per FL constitutional rules | Requires specific FL estate planning — consult FL attorney with homestead expertise | | No surviving spouse; no minor children | Homestead can be freely devised to any person(s) | Standard will / trust bequest works; homestead devising restriction does not apply | | Homestead in revocable trust | FL courts have clarified that homestead in a revocable trust retains homestead character — ⚠ verify current FL case law and statutory treatment of homestead in trust; this area has evolved | Ensure trust document specifically addresses homestead devising in compliance with FL constitutional rules |

File for Florida Homestead Exemption by March 1 — You Must Affirmatively Apply:

Florida's homestead property tax exemption — which reduces your assessed value by $50,000 for property tax purposes and activates the Save Our Homes 3% annual assessment cap — is NOT automatic. You must apply by March 1 of the year following your move. File Form DR-501 with the county Property Appraiser's office. You must be a permanent Florida resident and the property must be your primary residence as of January 1. Missing the March 1 deadline means waiting another full year. This deadline is separate from the constitutional homestead creditor protection, which is automatic — but the property tax exemption requires active application.

Florida New Resident Estate Planning Checklist

✅ Establish FL Domicile — Within 30 Days

• Obtain Florida driver's license; surrender old state license
• Register to vote in Florida county of residence
• Execute Florida Declaration of Domicile (F.S. §222.17); file with Clerk of Circuit Court
• Re-register vehicle(s) in Florida
• Begin location log — document days in FL vs. old state (critical for NY/CA Domicile audit defense)

✅ Protect the New Florida Home — Within 60 Days

• Confirm home is titled in trust name (or file Lady Bird Deed / TOD Deed if closing was in individual name)
• Apply for Florida Homestead Exemption (Form DR-501) with county Property Appraiser by March 1 deadline
• Review FL homestead devising rules with FL estate attorney — especially if you have a surviving spouse and/or minor children
• File Change of Address with USPS, IRS (Form 8822), and all financial institutions

✅ Update Estate Plan in Florida — Within 90 Days

• Execute new Florida Will naming a qualified FL executor; self-proving affidavit; address homestead
• Amend or restate revocable trust: update governing law to FL; review and likely simplify AB Trust provisions (FL has no estate tax); confirm trustee powers
• Execute FL Healthcare Surrogate Designation (F.S. Ch. 765)
• Execute FL Durable Power of Attorney (F.S. Ch. 709)
• Update beneficiary designations on all financial accounts, retirement plans, and life insurance
• Transfer primary attorney, physician, and accountant to Florida
• If moving from NY, MA, IL, WA, OR, or MN: confirm old-state estate tax no longer applies with FL estate and tax attorney

✅ Verified Data — March 2026

• FL: no estate tax, no inheritance tax, no state income tax — confirmed

• FL homestead: Art. X, Sec. 4, FL Constitution — unlimited creditor exemption; devising restrictions — confirmed

• FL Homestead Exemption (property tax): Form DR-501; must file by March 1 — confirmed

• FL non-resident executor rule: F.S. §733.304 — family only — confirmed

• FL Declaration of Domicile: F.S. §222.17 — confirmed

• FL Healthcare Surrogate: F.S. Ch. 765 — confirmed

• FL Durable Power of Attorney: F.S. Ch. 709 — confirmed

• FL IRA/retirement protection: F.S. §222.21 — unlimited — confirmed

• FL Lady Bird Deed / TOD Deed: ⚠ editor verify current F.S. §689.075 and TOD deed statute

• FL homestead in revocable trust: ⚠ verify current FL case law and statutory treatment

Interstate Move Estate Planning Series:

IM-1 → Is Your Will Still Valid After Moving States?

IM-2 → Transfer Your Living Trust When You Move States: Complete Guide

IM-3 → Changing Domicile to Avoid State Estate Tax: What You Must Do

IM-4 → Moving to Florida? Estate Planning Checklist for New Residents

IM-5 → Moving to Texas? Community Property & Estate Planning for New Residents

probatepedia.com · /florida/estate-planning-new-residents/ · IM-4 of 5 · v1.0 March 2026