Florida is a dream destination for snowbirds—those part-time residents who split their time between the Sunshine State and a home up north. But while enjoying two homes might be a luxury, owning property in multiple states can create legal complications, especially when it comes to estate planning.
If you’re a snowbird with a home in Florida and another in a different state, you need a plan that reflects your dual-state lifestyle and protects your assets in both places. Here’s what you need to know.
Why Snowbirds Need a Special Estate Plan
Many people believe a simple will is enough to handle their estate. But for snowbirds who own real estate in Florida and another state, that assumption can lead to legal headaches for their heirs—primarily due to ancillary probate.
Ancillary probate is the legal process that occurs in a second state (outside of your primary residence) to distribute property located there. For example, if your primary home is in New York but you own a condo in Miami, your estate could go through two separate probate proceedings unless proper planning is done.
Key Issues for Snowbirds to Consider
1. Domicile Matters
Your legal residence—or domicile—affects everything from probate to taxes. You can only have one official domicile for estate purposes. Florida is often the preferred choice due to no state income tax and favorable asset protection laws. Establishing Florida as your domicile requires specific steps, such as:
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Registering to vote in Florida
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Using a Florida address on legal and financial documents
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Filing a Declaration of Domicile
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Updating your driver’s license and car registration
If Florida is your intended domicile, your estate plan should be based on Florida law, even if you maintain another property elsewhere.
2. Multiple State Probate
Without the right legal structure, your estate may be required to go through probate in each state where you own property. That means more court fees, more paperwork, and more stress for your loved ones.
3. Conflicting State Laws
Each state has different laws around probate, taxes, and property distribution. A will that is valid in one state may not be sufficient in another. Certain legal instruments—like Transfer-on-Death deeds—may not be recognized everywhere.
How to Protect Your Estate as a Snowbird
Use a Revocable Living Trust
A revocable living trust is one of the best tools for snowbirds. You can place both your Florida and out-of-state property into the trust, which allows your assets to bypass probate entirely. It also keeps your affairs private and helps avoid legal delays across jurisdictions.
Update Titles and Beneficiary Designations
Make sure all real estate, retirement accounts, and financial assets are titled correctly and align with your estate plan. Avoid joint ownership arrangements that may create confusion or override your trust or will.
Name the Right Executors and Trustees
Choose individuals who are familiar with your estate and can manage out-of-state property if needed. If your executor lives outside Florida, consult an attorney to ensure they meet any state-specific requirements.
Work with a Florida Estate Planning Attorney
Estate planning as a snowbird isn’t one-size-fits-all. An experienced South Florida attorney can help coordinate your plan with any legal documents from your other home state and ensure your entire estate is protected and streamlined.
Plan Now So Your Family Isn’t Left With a Legal Mess
At Mulet Law, we help snowbirds and seasonal residents across South Florida create estate plans that work across state lines. Whether you own a winter home in Miami or a condo in Fort Lauderdale, we’ll help you build a customized strategy that avoids probate, minimizes taxes, and honors your wishes.
📞 Contact Mulet Law today to schedule a consultation and protect your Florida and out-of-state property with confidence.