Retiring to Florida? 5 Estate Planning Moves to Make First

Start Your Next Chapter with Confidence and a Solid Plan

Florida has long been a top destination for retirees—and for good reason. With its warm climate, no state income tax, and vibrant lifestyle, the Sunshine State offers an ideal setting to enjoy your golden years. But before you get too comfortable on the beach, there’s one thing you shouldn’t overlook: updating your estate plan.

Relocating to Florida means adjusting to new state laws that can impact everything from your will to your homestead property. Whether you’re a full-time resident or a snowbird transitioning into permanent status, here are five estate planning moves to make as you settle into your Florida retirement.

1. Update or Create a Florida-Compliant Will when retiring to Florida

Florida has specific legal requirements for a valid will. If your current will was drafted in another state, it may still be recognized, but it’s best to have it reviewed by a Florida attorney. Common issues include:

• Out-of-state witnesses or notarization practices not accepted in Florida

• Conflicts with Florida’s homestead laws or spousal rights

• Language that may trigger unintended probate consequences

Updating your will ensures it’s legally sound under Florida law and reflects your current wishes, relationships, and assets.

2. Review and Update Your Durable Power of Attorney and Health Care Directives when retiring to Florida

Health care providers and financial institutions in Florida may not accept documents prepared in other states, especially if they don’t comply with Florida’s statutory forms or execution standards.

Make sure you have:

• A Florida durable power of attorney for financial matters

• A designation of health care surrogate

• A living will for end-of-life decisions

These documents ensure that trusted individuals can make decisions on your behalf if you become incapacitated—and they’ll work when and where you need them.

3. Establish Florida Homestead Protection when retiring to Florida

One of the biggest benefits of retiring to Florida is its strong homestead protections. If your Florida home is your primary residence, you may be eligible for:

• Significant property tax exemptions

• Protection from most creditors

• Restrictions on how the property can be transferred at death

To take advantage of these benefits, you’ll need to declare Florida as your domicile and file for the homestead exemption. It’s also essential to structure your estate plan—especially any trusts or deeds—in a way that respects Florida’s homestead laws, particularly if you’re married or have minor children.

4. Revisit Your Trust and Asset Titling when retiring to Florida

If you have a revocable living trust, make sure it’s properly updated to reflect your new Florida residence. Assets like your new home, Florida-based bank accounts, or investments should be titled in the name of the trust (or directed to it upon your death) to avoid probate.

If you haven’t created a trust, now is a great time to consider it. A trust can:

• Avoid Florida probate

• Provide privacy

• Allow for more controlled distribution of your assets

5. Review Beneficiary Designations and Retirement Accounts when retiring to Florida

As you transition into retirement, your financial landscape will change. Be sure to:

• Review and update beneficiary designations on IRAs, 401(k)s, annuities, and life insurance policies

• Coordinate these designations with your estate plan and trust (especially if minor beneficiaries are involved)

• Consider tax implications and strategies, such as Qualified Charitable Distributions (QCDs) or spousal rollovers

Proper alignment between your estate plan and your financial accounts is key to ensuring your wishes are carried out efficiently.

Enjoy Retirement with Peace of Mind when retiring to Florida

Retiring in Florida is a dream for many—but dreams need structure. By proactively updating your estate plan when you relocate, you can enjoy everything Florida has to offer while knowing your legacy is protected.

At The Warnock Law Group, we help retirees build and update Florida-specific estate plans that reflect their lifestyle, values, and goals. Whether you’re new to the state or updating an existing plan, we’re here to make the process clear and stress-free.

Schedule a consultation today to get your Florida retirement started with confidence.

For a free consultation or for further help with the process please contact us at:

(239) 437-1197

6843 Porto Fino Cir,

Fort Myers, FL 33912, USA

law@warnocklawgroup.com

retiring to florida