Moving to the Florida Panhandle? Check These 6 Parts of Your Estate Plan

Erich M Niederlehner Florida Estate Planning Lawyer • September 27, 2026
Moving to Florida

Most estate planning documents signed in another state stay valid when you move to Florida. But Florida's homestead rules, limits on who can serve as personal representative, and banks' reluctance to accept out-of-state powers of attorney mean most new residents should update their plan.

Every year, retirees, military families and remote workers settle in Pensacola, Gulf Breeze, Navarre, Destin and along 30A. Here's what to check once you become a Floridian.

1. Your will

Florida recognizes a will that was valid where it was signed, except holographic (handwritten, unwitnessed) and oral wills (Fla. Stat. § 732.502(2)). Your will may not be self-proved under Florida law, which can add a step at probate.

2. Your personal representative

A non-Florida resident can serve as personal representative only if closely related to you (§ 733.304). A trusted friend who lives out of state can't serve.

3. Your homestead

If you're survived by a spouse or minor child, the Florida Constitution limits how your homestead can pass. A plan written for another state may not work for your Florida home.

4. Your power of attorney

An out-of-state POA is generally valid in Florida (§ 709.2106(3)), but a bank can request a legal opinion before accepting it. A Florida durable power of attorney avoids that delay and can include the "superpowers" Florida requires to be separately initialed.

5. Your health care directives

Florida generally honors advance directives signed elsewhere, but local doctors and hospitals are most familiar with Florida forms.

6. Your trust and domicile

Your revocable trust likely remains valid, but it should be reviewed for Florida homestead language and trustee provisions. Many new residents also file a Declaration of Domicile with the clerk of court in their county.

Get a Florida review

We review out-of-state estate plans for new residents across Escambia, Santa Rosa, Okaloosa and Walton counties. Call 850-607-2222 or schedule a free Peace of Mind Strategy Session.

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