Chapter 11 · Topic 11.7 · Civic
Your Canadian will and estate planning while in Florida
Your Canadian will is valid in Florida — but administering it for Florida real estate requires going through Florida probate court. A Florida living trust sidesteps that entirely. This guide explains what works, what doesn't, and what a Florida estate attorney would recommend.
Direct answer · 60-second summary
The 60-second version
Canadian will in Florida: Florida Statute §732.502(2) recognizes foreign wills valid under the law where executed — so your properly executed Canadian will IS recognized. However, administering it for Florida real estate requires "ancillary probate" in a Florida court — slow and expensive ($3,000–15,000+). Best solution for Florida property: Florida Revocable Living Trust (set up with a Florida attorney, $1,500–3,000) — transfers Florida real estate to heirs without probate. Your Canadian will remains for Canadian assets. Also get: (1) Florida Durable Power of Attorney (DPOA) — needed if incapacitated in Florida; Canadian POA may not be accepted by Florida financial institutions; (2) Florida Healthcare Surrogate Designation — equivalent of healthcare proxy.
Acronyms used in this guide
- DPOA — Durable Power of Attorney (Florida document authorizing someone to act on your behalf if incapacitated)
- Ancillary probate — Florida court process for non-resident decedents who owned Florida property
- Revocable Living Trust — Legal entity holding assets during life, distributing to heirs without probate after death
Is your Canadian will valid in Florida?
Yes — with important nuances. Florida Statute §732.502(2) provides that a will is validly executed if it complies with the law of the place where it was executed at the time of execution. A properly executed Canadian will (witnessed in common law provinces, or notarial in Quebec) is recognized by Florida courts as a valid will. Florida will not re-examine Canadian formality requirements as long as the will was valid under Canadian law when executed.
The Quebec notarial will
Quebec uses a notarial will system (testament notarié) that is fundamentally different from common law provinces. A Quebec notarial will is executed before a notary and does not require probation in Quebec. In Florida, a Quebec notarial will is recognized but may require additional authentication steps (an apostille from Canadian federal/provincial authorities) before a Florida court will accept it. This is manageable but adds complexity and cost.
Ancillary probate — the key problem for Florida real estate
Even a valid foreign will must go through Florida probate when the decedent owned Florida real estate. This is called "ancillary probate" — an additional court proceeding in Florida (in addition to any primary probate in Canada) specifically to transfer the Florida property to heirs.
Cost and timeline
- Ancillary probate attorney fees in Florida: typically $3,000–$15,000+ depending on property value and complexity
- Timeline: 6–18 months, sometimes longer if contested or if there are title issues
- Court filing fees, publication costs, and other expenses add to the total
For a condo worth $300,000, total ancillary probate cost could easily reach $5,000–$12,000, plus months of delay before heirs receive the property. This is avoidable with proper planning.
Florida Revocable Living Trust — the solution
The most effective tool for Canadian snowbirds who own Florida real estate is a Florida Revocable Living Trust. You establish the trust (typically with a Florida estate attorney), transfer title to your Florida property into the trust, and name yourself as both trustee (you manage the trust during your life) and beneficiary (you receive all income and use of the property). Upon your death, a successor trustee distributes the Florida assets to your named beneficiaries without going through Florida probate court.
Key benefits
- Avoids Florida ancillary probate entirely — the trust continues after death without court intervention
- "Revocable" means you can change, amend, or dissolve the trust at any time during your life
- During your life, you retain full control of the property — you can sell, rent, or mortgage it through the trust
- Does not affect Canadian probate of Canadian assets (your Canadian will remains operative for Canadian estate)
Cost
A Florida attorney typically charges $1,500–$3,000 to draft a revocable living trust tailored to a non-resident Canadian's situation, including the trust document and a deed transferring the Florida property into the trust. This one-time investment saves the $5,000–$15,000+ ancillary probate cost and months of delay for your heirs.
Florida Durable Power of Attorney (DPOA)
A Durable Power of Attorney authorizes a named person (your "agent") to manage your financial and legal affairs if you become incapacitated. Florida has specific DPOA requirements under Florida Statute Chapter 709 — a Canadian power of attorney, while potentially recognized in principle, is often not accepted by Florida banks, title companies, or government agencies without authentication.
If you become incapacitated in Florida without a Florida DPOA, your family may need to petition a Florida court for guardianship — expensive and slow. For Canadian snowbirds, obtaining a Florida-compliant DPOA from a Florida attorney ($300–$500) is strongly recommended as part of basic estate planning.
Florida Healthcare Surrogate Designation
The Florida Healthcare Surrogate Designation (Florida Statutes §765.203) is the Florida equivalent of a healthcare proxy or medical power of attorney. It designates a person to make medical decisions on your behalf if you're unable to make them yourself. Florida hospitals and healthcare providers will follow a Florida-compliant Healthcare Surrogate Designation — your Canadian healthcare proxy document may or may not be accepted.
A Florida attorney can draft both the DPOA and Healthcare Surrogate Designation in a single appointment for $500–$800 total. Alternatively, the Florida statutory form (available at floridabar.org as a free download) can be completed and witnessed without an attorney for the Healthcare Surrogate, though legal guidance is recommended for the DPOA given its broader scope.
Sources
Every figure, rate, threshold, and deadline in this guide is drawn from a verifiable primary source listed at the bottom of the page. The article is updated whenever the underlying rules change, with a fresh review date stamped at the top.
Disclaimer — Educational purpose only
This guide is for educational purposes only. Figures, rules, and procedures are drawn from public sources as of the date shown and may change without notice.
For any concrete decision, consult a licensed professional — attorney, accountant, or insurance broker.