If you split the year between a northern home and Miami, your estate plan has to account for two states. Done right, Florida residency can be a real advantage. Here are the questions snowbirds and dual-state residents ask us most.
Why does establishing Florida residency matter for my estate?
It can save your heirs significantly. Florida has no state estate tax and no inheritance tax, while some northern states do. If you are domiciled in Florida, your estate is generally governed by Florida law. To support Florida domicile, snowbirds often file a Florida Declaration of Domicile, register to vote and get a license in Miami-Dade, and claim the Florida homestead exemption on their Miami home.
What is homestead and how does it help me here?
Florida homestead protection (Article X, Section 4 of the Florida Constitution) shields your primary Florida residence from most creditors and supports your domicile claim. Importantly, you can only claim homestead on one primary residence, so your Miami home and your northern home cannot both be homestead. Choosing Florida is often the tax-smart move.
Will my estate have to go through probate in two states?
This is the classic snowbird problem. If you own real estate in both states in your own name, your family may face probate in Florida under the Florida Probate Code (Chapters 731 to 735) and a separate ancillary probate up north. The most effective fix is a revocable living trust under Florida Chapter 736: titling both properties in the trust avoids probate in both states and keeps everything under one coordinated plan.
Is my out-of-state will valid in Florida?
Florida generally recognizes a will validly executed in another state, but there are traps. A will from a state that allows self-proving formalities differently may need extra steps to be admitted in a Miami-Dade court, and out-of-state language may not align with Florida’s homestead and elective share rules. Many snowbirds have their documents reviewed or redrafted to Florida standards once they make Florida home.
Do my powers of attorney work in Florida?
A durable power of attorney from another state may be honored in Florida, but Florida’s Chapter 709 has specific requirements, and banks here sometimes resist out-of-state forms. The same is true for health care documents. If you spend significant time in Miami, having Florida-compliant versions avoids delays during an emergency.
What about the Florida elective share?
If you are married and become a Florida resident, be aware of Florida’s elective share (Florida Statutes 732.2065 and following), which generally entitles a surviving spouse to a portion of the estate. Plans drafted under another state’s spousal rules may need adjustment to work as you intend under Florida law.
Can a Lady Bird deed help with my Miami home?
Yes. A Lady Bird (enhanced life estate) deed can pass your Miami residence to your chosen beneficiaries outside probate while preserving your homestead and control during your lifetime, a clean tool for the Florida portion of a dual-state plan.
A note for snowbirds
Dual-state living rewards coordination: a Florida-based revocable trust, Florida-compliant powers of attorney and health care documents, careful homestead and domicile steps, and aligned property titling. Because the interplay between two states’ laws can be subtle, a licensed Florida estate planning attorney can help you capture Florida’s advantages and avoid double probate.
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For more on our Florida practice, see our overview of estate planning in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
