Here’s Why Florida Retirees Must Update Their Estate Plans Immediately

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Florida is a top retirement destination, but if you moved here with a will from another state, your estate plan may be at risk. Florida’s strict laws could invalidate your documents, leading to probate battles and unintended outcomes.

Here’s a closer look at why you need to redo your estate plans if you relocated to the Sunshine State in retirement.

Why Out-of-State Wills May Fail Under Florida Law

Although Florida generally recognizes wills that were properly executed in another state, there are important exceptions that can render an out-of-state will wholly or partially invalid once someone becomes a Florida resident, said Melissa Rodriguez, trusts and estates partner at Day Pitney.

“For example, Florida does not honor holographic wills (handwritten but unwitnessed) or oral wills, even if such documents are legally valid in the state where they were signed,” she said. “Florida law also has very strict execution requirements, including that wills be signed by the testator in the presence of two witnesses who also sign in each other’s presence.”

If a will fails to satisfy these formalities, it will not be enforceable in Florida.

“Beyond formalities, Florida’s substantive laws can override the terms of a will that might be acceptable in other states,” Rodriguez said. “Florida’s constitution imposes unique restrictions on the transfer of homestead property, often preventing a homeowner from leaving their primary residence to anyone other than a surviving spouse or minor child.”

In addition, Florida grants a surviving spouse broad rights, including an elective share of the estate, exempt property and family allowances — regardless of what the will says.

“If an out-of-state will attempts to disinherit a spouse or dispose of homestead property in a manner contrary to Florida law, those provisions may be struck down, and the estate may pass according to Florida statutes rather than the testator’s written wishes,” Rodriguez said.

Steps To Make Your Estate Plan Florida-Compliant

Retirees who move to Florida should treat the relocation as an opportunity to revisit their entire estate plan, since documents prepared in another state may not be fully effective under Florida law. Rodriguez recommends taking the following steps:

• Carefully review wills and trusts to confirm that they meet Florida’s strict execution standards and incorporate state-specific requirements, particularly relating to homestead property and spousal rights. “Without adjustment, an out-of-state will could lead to results the individual did not intend, such as limiting the ability to control who inherits the family home or triggering spousal entitlements inconsistent with the overall plan.”
• Update advance directives. “Florida has its own statutory framework and accepted formats for durable powers of attorney, designations of healthcare surrogate and living wills. While out-of-state documents are not automatically void, banks, hospitals and other institutions in Florida are often reluctant to honor unfamiliar forms, which can cause delay or even litigation during a time of crisis.”
• Work with a local attorney. “By working with Florida counsel to update these documents shortly after moving, retirees can ensure that their wishes are carried out smoothly and that their estate planning continues to protect them and their families under Florida’s unique laws.”

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