Retired to Florida? Here's How to Update Your Plan

You sold the house in New Jersey, found a place in Delray Beach, and the moving boxes are finally gone. Somewhere in a folder are the will, power of attorney and health care papers you signed years ago in another state. Are they still good? Mostly, yes. But "valid" and "easy to use" aren't the same thing. This guide walks you through making Florida your legal home, claiming your property tax break, and checking each document so it works when your family needs it.

Your "domicile" is the one place the law treats as your true, permanent home. You can own homes in two states, but you only have one domicile. It decides which state's courts handle your estate, and it can affect taxes and benefits.

Florida gives you a simple way to put it on the record: a Declaration of Domicile. It's a sworn statement, signed before a notary or other official, saying you live in a Florida county and intend it to be your permanent home. You file it with the clerk of the circuit court in your county, who charges a small recording fee (Fla. Stat. 222.17). If you keep a home up north, the declaration can say that Florida is your "predominant and principal home."

A declaration is evidence, not magic. Back it up with your actions: a Florida driver license, voter registration, car registration, and your Florida address on tax returns and bank accounts. If you spend summers in another state, talk with a tax adviser about how that state decides residency.

In Florida, "homestead" has three meanings: a property tax break, protection from most creditors, and special rules about who can inherit the home. This section covers the tax break.

If you own a Florida home and make it your permanent residence as of January 1, you can apply for the homestead exemption. The first $25,000 of assessed value is exempt from all property taxes. Another exemption applies to value above $50,000 for non-school taxes (Fla. Stat. 196.031). Applications are generally due by March 1 (Fla. Stat. 196.011). In Palm Beach County, you apply with the Property Appraiser.

Once you have the exemption, "Save Our Homes" limits how fast your assessed value can rise: no more than 3% a year, or the change in inflation if that's lower. The value resets to market value after most changes of ownership (Fla. Stat. 193.155). If you later move to another Florida home, "portability" can carry up to $500,000 of that savings with you, but only if you had a Florida homestead exemption in any of the prior three years.

On November 3, 2026, Florida voters approved Amendment 3, with about 62% voting yes in unofficial results, pending certification (Florida Election Watch). Starting January 1, 2027, the amendment raises the non-school homestead exemption to $150,000 in 2027 and $250,000 in 2028, with inflation adjustments after that. Timing matters for newcomers. According to the Palm Beach County Property Appraiser, people who are Florida residents by December 31, 2026 may qualify for the increased exemption. People who weren't residents by then first receive the existing exemption, and become eligible for the increased one beginning in their fifth year of homestead exemption. Save Our Homes and portability don't change (PBC Property Appraiser). The residency rules may be shaped by future legislation or court decisions, so check with the Property Appraiser for the latest.

Generally, yes. Florida accepts a will signed by a nonresident if it was valid where it was signed. Florida makes an exception for handwritten (holographic) wills and oral wills, which it doesn't recognize (Fla. Stat. 732.502). A will that was "self-proved" under the other state's law, meaning the witnesses signed sworn statements before a notary, is treated as self-proved here too (Fla. Stat. 732.503). That saves your family from tracking down witnesses later.

Valid doesn't mean it fits. Older wills often refer to the old state's laws or taxes, or name an executor who can't serve here (see below). Florida also limits how you can leave your homestead if you're survived by a spouse or a minor child. A will that leaves the house to your children "outright" may not work the way you expect. The remarriage guide explains those rules. For an overview of the probate process itself, see probate in Florida.

A power of attorney (POA) lets someone you trust, your "agent," handle money matters for you. Florida accepts an out-of-state POA if it was valid where you signed it. But a bank or other business asked to accept it may request a lawyer's opinion that it's valid, at your expense. If your agent doesn't provide one, the business can refuse the POA without liability (Fla. Stat. 709.2106(3)).

Two Florida rules often surprise newcomers:

• A Florida POA must be signed before two witnesses and a notary (Fla. Stat. 709.2105).
• A "springing" POA, meaning one that takes effect only after you become incapacitated, generally isn't effective under Florida law if it was signed on or after October 1, 2011. The exceptions are narrow (Fla. Stat. 709.2108).

Many new residents sign a Florida POA so their agent isn't stuck at the bank counter during an emergency.

Florida honors an advance directive, such as a health care proxy or living will, signed in another state if it followed that state's law or Florida's (Fla. Stat. 765.112). Even so, Florida doctors and hospitals see Florida's forms every day. A "designation of health care surrogate" names the person who can speak for you. A living will records your wishes about life support. Updated papers also name who may speak with your new doctors, and you can give those doctors copies.

If you have no surrogate, Florida chooses who decides, starting with a guardian, then your spouse, then a majority of your adult children (Fla. Stat. 765.401). The five documents article explains each paper.

Florida calls an executor a "personal representative." Florida residents can serve. Someone who lives outside Florida can serve only if they're a close relative: an adopted child or adoptive parent, a blood relative in your direct line (children, grandchildren, parents), a spouse, a brother, sister, uncle, aunt, niece or nephew or one of their descendants, or the spouse of anyone on that list (Fla. Stat. 733.304).

So a son in Ohio can serve. Your best friend in Ohio, your accountant up north or your stepdaughter in Boston may not. A nonresident stepchild isn't on the list. Name a backup, and check that both choices qualify.

Tick the items as you finish them. Nothing is saved.

• Get a Florida driver license and register your car and to vote at your Florida address
• Sign and file a Declaration of Domicile with the clerk in your county
• Change your address on tax returns, bank, brokerage and retirement accounts
• Apply for the homestead exemption by March 1 for a home you owned and lived in on January 1
• Note the December 31, 2026 residency date if you're moving now (see the Amendment 3 box)
• Read your will: does it name an executor who can serve in Florida, and does it mention your home?
• Sign a Florida power of attorney with two witnesses and a notary
• Sign a Florida health care surrogate designation and living will
• Give copies of your health care papers to your new doctors
• Check beneficiaries on life insurance, IRAs and annuities
• Ask whether a revocable trust holds out-of-state real estate, to avoid a second probate in that state

Usually. Florida accepts a will signed by a nonresident if it was valid in the state where it was signed. The exception is handwritten (holographic) or oral wills (Fla. Stat. 732.502). Still, check whether your executor can serve in Florida (Fla. Stat. 733.304), and whether the will's plan for your home fits Florida's homestead rules.

Not always, but it often helps. Florida accepts an out-of-state POA that was valid where it was signed. A bank, though, may ask for a lawyer's opinion at your expense, and may refuse the POA if that opinion isn't provided (Fla. Stat. 709.2106(3)). A Florida POA, signed before two witnesses and a notary, avoids that step.

You must own the home and make it your permanent residence on January 1, and the application is generally due by March 1 of that year (Fla. Stat. 196.011). Under Amendment 3, which voters approved on November 3, 2026, Florida residency by December 31, 2026 also affects how soon you may receive the larger exemption (PBC Property Appraiser).

If your family is facing one of these questions, you can reach Brandon Arkin at Solkoff Legal, P.A. at (561) 733-4242.