Snowbirds and dual-state residents who spend winters in Palm Beach face an estate planning question most full-time residents never consider: which state’s law governs your estate, and how do you avoid probate in two places at once? Florida is attractive because it has no state estate or inheritance tax, but capturing that benefit, and your homestead protections, depends on getting domicile and titling right. Here is how the main strategies compare.
Establishing Florida Domicile
Domicile is your one true legal home, and it drives which state taxes your estate and which probate court controls. Snowbirds who summer up north but want Florida’s advantages should take concrete steps: file a Florida declaration of domicile, register to vote and get a Florida driver’s license, and claim the homestead exemption on a Palm Beach residence. Claiming Florida homestead (Art. X, §4) signals intent and unlocks creditor and tax protections. The risk of ambiguity is real: a former home state may try to claim you as a resident for tax purposes if your ties there remain strong.
Option One: A Florida Will Alone
A will valid under Florida law (§732.502) directs your estate, but for a dual-state owner it has a major drawback. Real estate is governed by the law of the state where it sits. If you keep a house up north, your Florida will cannot avoid a separate, second probate, called ancillary administration, in that other state. That means two court processes, two sets of fees, and two timelines. A will is necessary but rarely sufficient for snowbirds.
Option Two: A Revocable Living Trust (The Snowbird Favorite)
A revocable trust (Chapter 736) is the standard solution for multi-state owners. By titling both your Palm Beach home and your out-of-state property in one trust, you avoid probate in both jurisdictions entirely. The successor trustee administers everything under the trust’s terms regardless of where each asset sits, eliminating ancillary administration. For snowbirds, this single move often justifies the entire plan, sparing heirs a duplicate court process in a state far from Florida.
Option Three: Deeds and Titling for Out-of-State Property
If a full trust is not in place, targeted deed strategies can help. Florida recognizes the Lady Bird (enhanced life estate) deed to pass your Palm Beach home automatically at death while keeping control during life. Some states offer transfer-on-death deeds for the northern property. These avoid probate asset by asset, but they require coordination, because a patchwork of deeds across states is easy to get wrong and may conflict with your will.
Incapacity Across State Lines
A durable power of attorney (Chapter 709) and a health care surrogate designation should be drafted to be recognized in both states you live in. Medical and financial institutions in different states sometimes balk at out-of-state forms, so dual-state residents benefit from documents prepared with both jurisdictions in mind.
Choosing Your Strategy
For most Palm Beach snowbirds, the winning combination is clear Florida domicile, a revocable trust holding property in every state you own real estate, and incapacity documents valid in both. A will and Lady Bird deed can supplement the plan but will not, on their own, spare your family a second probate up north.
This is general information, not legal advice. Domicile and multi-state probate are technical and easy to mishandle, so consult a licensed Florida estate planning attorney, coordinating with counsel in your other state when needed.
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For more on our Florida practice, see our overview of estate planning in Boca Raton. Morgan Legal Group's affiliated New York office also handles .
