Each year, millions of Americans relocate to a new state — for work, family, or lifestyle changes. But one crucial step often gets overlooked during the move: updating estate planning documents.
According to a 2025 Caring.com survey of more than 2,500 adults, only 24% of Americans have a will, and nearly 25% haven’t updated their estate plans since they were first written. Even more concerning, 11% have moved to a different state since creating their documents — a mistake that can cause serious legal and financial problems later on.
If you’ve recently moved to Florida or are planning to, now is the time to review your will, trust, powers of attorney, and health care directives to ensure they comply with Florida estate planning laws.
Why Moving Can Complicate Your Estate Plan
Estate laws differ significantly from state to state. Inheritance, property ownership, healthcare directives, and powers of attorney (POAs) may all be governed by unique local statutes.
If your estate documents don’t comply with the laws of your new state, they could become partially invalid or unenforceable, leaving your loved ones vulnerable to probate disputes or tax inefficiencies.
As Tasha Dickinson, a trusts and estates lawyer at Day Pitney, explained:
“Documents that might be relied on in time of need — a healthcare surrogate, living will, and POA — are creatures of state statute.”
That means if your will or POA was created in another state, it might not meet Florida’s legal standards — even if it’s technically valid.
Do You Need a Whole New Estate Plan?
Not necessarily. Legal experts emphasize that wills are generally valid across state lines, but ancillary documents — such as powers of attorney, advance directives, and living wills — often require updates to reflect Florida’s specific forms and requirements.
A Florida estate planning attorney can review your documents to ensure they remain enforceable and efficient under state law, especially if your estate includes real estate, business interests, or investment property.
Key Estate Planning Areas to Review After Moving
1. Property Ownership Laws
Florida is a common law property state, which means assets are owned by the person who acquires them unless titled jointly. This differs from community property states (like Texas or California), where spouses share equal ownership of marital assets.
If you’ve moved from a community property state, your assets might retain “quasi-community property” status — a concept that can create confusion during probate or property transfers. Having an estate attorney clarify ownership is essential to avoid future disputes or unexpected taxes.
2. Powers of Attorney and Advance Directives
Even if your out-of-state documents are technically valid, Florida healthcare providers and financial institutions may prefer documents that conform to local statutes. Updating your forms ensures smooth decision-making in medical or financial emergencies.
3. Executor or Personal Representative
Florida has specific rules about who can serve as the executor of your will (called a personal representative). Non-residents must be either a close relative or otherwise qualified under Florida law. If your designated executor doesn’t meet these requirements, your estate could face delays during Florida probate proceedings.
The Bottom Line
Moving to a new state is the perfect time to take stock of your estate plan. Reviewing your will, trust, and probate-related documents with a Florida estate planning professional helps ensure your plan remains valid, tax-efficient, and aligned with your wishes.
Even if your will was legally created elsewhere, Florida law may treat your property, healthcare directives, and executor choices differently. Regularly reviewing your documents — especially after a move, marriage, or major purchase — can save your loved ones from future legal complications.
Taking this proactive step is one of the most important ways to protect your legacy and make sure your wishes are honored wherever life takes you.
Source:
This article is adapted from reporting by Medora Lee, money, markets, and personal finance reporter at USA TODAY, in the story “Millions of Americans move to a different state each year, and they often forget to update their estate planning documents which can wreak havoc on their plans.”
Original publication: USA TODAY, 2025.