Estate Planning for Snowbirds With Homes in Florida and Another State

Choose and document your domicile

Your domicile is the state you intend as your permanent home. It determines which state's law governs your estate, income taxes and homestead protections. Many snowbirds choose Florida because it has no state income tax, no estate tax and strong homestead protections. If you make that choice, back it up:

• File a Declaration of Domicile with your county clerk (§ 222.17)
• Apply for the Florida homestead exemption
• Get a Florida driver license and register to vote in Florida
• Update your address on tax returns, accounts and insurance
• Execute Florida estate planning documents

Avoid two probates

Real estate is probated in the state where it sits. If you die owning a Florida condo and a house in Ohio in your own name, your family may face a Florida probate and an ancillary probate under the other state's law. Titling both properties in a revocable living trust avoids both.

Make sure your documents work where you are

Florida generally honors powers of attorney and health care directives signed elsewhere, but banks and hospitals are most comfortable with local forms. Many snowbirds keep Florida documents and documents from their other state, with consistent terms, and carry copies of health care documents in both homes.

Watch the personal representative rule

Florida limits who can serve as personal representative if they don't live in Florida (§ 733.304). A trusted friend up north may not qualify unless related to you. A trust avoids this issue.

Moving here full time? See our checklist for new Florida residents.

Talk with a Florida estate planning lawyer

Trusted Elder Law & Asset Protection helps families in Pensacola, Escambia, Santa Rosa, Okaloosa and Walton counties plan ahead. Call 850-607-2222 or schedule a free Peace of Mind Strategy Session.

This article is general information about Florida law, not legal advice for your situation.