Picture the Andersons. For thirty years they wintered in Palm Beach and spent summers in a Connecticut lake house. After retiring, they spent more than six months a year in Florida but never updated a single document. When Mr. Anderson passed, his estate ended up in probate in both states, and Connecticut tried to tax him as a resident. A few simple steps could have spared the family that headache.
Snowbirds and dual-state residents face estate planning issues that full-time Floridians rarely think about. Here is how to get it right when you split your life between Palm Beach and somewhere north.
Establish Florida as Your Legal Domicile
Florida has no state estate tax and no state income tax, so most snowbirds want Florida to be their legal home. But “domicile” is about intent and conduct, not just where you sit in January. To strengthen your Florida domicile, file a Declaration of Domicile with the Palm Beach County Clerk, get a Florida driver’s license, register to vote in Palm Beach County, and register vehicles here. Spending more than 183 days a year in Florida helps, but the paper trail matters just as much. Your northern state may audit aggressively, so consistency is everything.
Claim Your Florida Homestead Protection
Florida’s homestead protection under Article X, Section 4 of the state constitution shields your primary residence from most creditors and caps how it can be devised if you have a spouse or minor child. To claim it, your Palm Beach home must be your permanent residence, not just a winter rental. You cannot claim homestead in two states. If you are still claiming a homestead exemption up north, fix that mismatch before it undermines your Florida domicile claim.
Avoid Probate in Two States
Real estate is governed by the law of the state where it sits. If the Andersons had owned that Connecticut lake house in their individual names, it would require a separate “ancillary” probate there even though their main estate was in Florida. The cleanest fix is a revocable living trust under Florida law (Chapter 736). Deed both the Palm Beach home and the out-of-state property into the trust, and neither one passes through probate. A trust also keeps your affairs private, something many Palm Beach families value.
Make Your Core Documents Florida-Compliant
A will valid in your old state is usually honored in Florida, but your durable power of attorney and health care directives should be re-executed under Florida law. Florida’s durable power of attorney statute (Chapter 709) is strict and requires specific formalities; an out-of-state form may not be accepted by a Palm Beach bank or hospital when you need it most. Sign Florida versions so your agents can act without delay.
Coordinate Beneficiary Designations
Retirement accounts, life insurance, and annuities pass by beneficiary designation regardless of where you live. Review these whenever you relocate, because they override your will entirely. A stale designation naming a deceased spouse or an ex can derail an otherwise solid plan.
A Note on Getting It Done Right
Dual-state estate planning has moving parts that interact in ways generic online forms cannot address. Domicile rules, homestead, and ancillary probate are fact-specific, and Florida’s formalities are unforgiving. Before you rely on documents drafted in another state, consult a licensed Florida estate planning attorney who handles Palm Beach snowbird estates and can coordinate with counsel up north. The investment is small compared to the cost of probate in two states.
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For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles .
