An estate plan is not a one-and-done document. Florida law changes, your assets shift, and Miami life moves fast — a new condo, a new marriage, a new business. A plan that was perfect five years ago can quietly stop working. This guide covers when to review, why it matters, and what a refresh involves in terms of cost and time.
The Calendar Trigger: Every Three to Five Years
Even with no major life changes, a periodic review every three to five years keeps your plan current with Florida law. The Florida Trust Code (Chapter 736) and the durable power of attorney statute (Chapter 709) have both been modernized in recent years, and an older durable POA may not be honored cleanly by Miami banks if it predates current requirements. A short review confirms your documents still do what you intend.
The Life-Event Triggers
Certain events should prompt a review regardless of the calendar. Marriage or divorce changes spousal rights, including the elective share (§732.2065). The birth or adoption of a child means new guardianship choices. The death of a named executor, trustee, or beneficiary leaves a gap. Buying a new Miami home raises homestead questions (Art. X, §4) and may call for a Lady Bird deed. Selling a business, receiving an inheritance, or a serious health diagnosis all change the picture too.
The Florida Move-In Trigger
If you relocated to Miami from another state, this one is critical. Your old will may be valid here, but Florida has rules that surprise newcomers. Florida will not recognize an out-of-state personal representative unless they are a relative or a Florida resident (§733.304). Florida homestead and elective-share protections differ from other states. And a trust drafted under New York or New Jersey law should be reviewed for Florida-specific issues. The good news: Florida has no state estate or inheritance tax, so many transplants find their plan can actually be simplified.
What a Review Actually Checks
A thorough review confirms that your will meets Florida execution formalities (§732.502, two witnesses and a notary for a self-proving affidavit), that your revocable trust is properly funded with current asset titles, that beneficiary designations on retirement and life-insurance accounts match the plan, and that your health-care directives and durable POA name people who are still willing and able to serve. It also checks whether a funded trust could now let your family avoid Miami-Dade probate altogether.
Cost and Timeline of a Refresh
A review is far cheaper than building a plan from scratch. Minor updates — changing a beneficiary or successor trustee — are often handled with a simple codicil or trust amendment in a single sitting. A bigger overhaul after a marriage or a move to Florida takes more attorney time but still costs a fraction of what your family would spend cleaning up an outdated plan in probate. Compare that to formal administration in Miami-Dade, which routinely runs many months when documents are unclear.
Consult a Florida Attorney
If it has been more than a few years, or any of the triggers above apply to you, it is time. Have a licensed Florida estate planning attorney who practices in Miami-Dade review your documents so small fixes today prevent expensive probate surprises tomorrow.
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