Snowbirds who split time between Palm Beach and a northern home face a special set of estate planning questions. Which state’s law governs your estate? What happens to property in two states? And how do you capture Florida’s tax advantages? This guide walks through how it works, what it costs, and the timelines involved.
Domicile: The Decision That Drives Everything
Your domicile, your one true legal home, determines which state taxes your estate and governs your plan. Many snowbirds want Florida domicile because Florida has no state estate tax and no inheritance tax, unlike several northern states. Establishing Florida domicile involves more than a winter address: filing for the Palm Beach County homestead exemption, getting a Florida driver’s license, registering to vote here, and updating your estate documents to declare Florida residency. These steps strengthen your position if your former state ever questions where you really live.
Why Two-State Property Causes Two Probates
If you own real estate in both Florida and another state and it passes through your will, your family may face probate in each state, the main Florida administration plus an ancillary probate where the out-of-state property sits. That doubles the cost, the court filings, and the time. Florida formal administration alone often runs several months to over a year; a second state’s process runs in parallel.
The Trust Solution for Dual-State Owners
A Florida revocable living trust (Chapter 736) is the standard fix. Title your Florida and out-of-state real estate into the trust, and on your death the successor trustee distributes both without any probate, in either state. This single step often saves snowbirds the most money and time. Setting up and funding a trust across two states usually takes four to six weeks.
Cost and Timeline at a Glance
A funded trust costs more upfront than a will, but avoiding ancillary probate typically more than offsets it. If you stay with a will, Florida’s statutory fee guidance (§733.6171) applies to the Florida estate, and the second state adds its own fees and delays. The trust route trades a known upfront cost for predictable, probate-free transfers later.
Florida Homestead for Snowbirds
Claiming homestead under Article X, §4 on your Palm Beach residence provides creditor protection, a property tax exemption, and Save Our Homes assessment caps. But you can claim homestead in only one state. Trying to keep a homestead exemption up north while claiming one in Florida invites trouble. Choose Palm Beach as your homestead deliberately and document it.
Make Sure Your Documents Travel
Update your durable power of attorney (Chapter 709), health care surrogate, and will to comply with Florida law and to declare Florida domicile. A Florida will executed under §732.502 is recognized, and self-proving formalities here speed things up. Don’t rely on documents drafted years ago in another state; have them reviewed for Florida compliance.
Consult a Florida Attorney
Dual-state planning sits at the intersection of two states’ laws, and mistakes around domicile or out-of-state property can trigger extra probates and taxes. Speak with a licensed Florida estate planning attorney serving Palm Beach to coordinate your domicile and your property across state lines.
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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 .
