Many Miami homeowners are snowbirds: summers up north, winters in South Florida. Splitting your life across two states raises estate planning questions that full-time residents never face. Which state’s law governs your plan? Where will your estate be probated? And how do you claim the Florida benefits you came here for? Getting this right starts with one decision: where you are a legal resident.
Why Residency Is the Foundation
Your state of legal domicile determines which state’s laws apply to your estate, which state can tax you, and which probate court handles your affairs. Florida is attractive because it has no state estate tax and no inheritance tax. If your other state imposes a death tax, establishing Florida domicile can matter a great deal.
To anchor Florida residency, snowbirds commonly file a Declaration of Domicile in Miami-Dade County, get a Florida driver’s license, register to vote here, and spend the majority of the year in Florida. Consistency across these steps is what holds up if your former state questions where you really live.
Florida Homestead: A Major Benefit
If your Miami home is your primary residence, Florida’s homestead protections (Article X, Section 4) offer strong creditor protection and a property tax homestead exemption with a cap on annual assessment increases. You generally cannot claim a primary-residence homestead exemption in two states at once, so choosing Florida as home base has real value, but it requires that Florida genuinely be your primary residence.
The Two-State Probate Trap
Here is the issue that surprises dual-state residents. If you are a Florida resident but still own real estate up north, that out-of-state property may require a separate ancillary probate in that state, in addition to the main probate in Florida. Two probates means two sets of costs and delays for your family.
A revocable living trust (Chapter 736) is the classic fix. By titling both your Florida home and your northern property in the trust, the assets pass under the trust’s terms without probate in either state. For snowbirds, this is often the single most useful planning move.
Make Sure Your Documents Work in Both States
Your will should be valid under Florida law (section 732.502 requires two witnesses present together). A will valid in your former state is usually honored in Florida, but it is wise to have a Florida attorney review it so it aligns with Florida probate procedure. Likewise, your durable power of attorney (Chapter 709) and health care surrogate should be drafted to function whether you fall ill in Miami or while traveling.
Florida Probate Options to Understand
If probate is needed in Florida, smaller or simpler estates may qualify for summary administration, a faster process, while larger estates go through formal administration. A well-structured plan, often using a trust, can minimize or avoid probate entirely so your family is not navigating the Miami-Dade courts during a difficult time.
Snowbird Checklist
- Decide and document your legal domicile, with a Declaration of Domicile if Florida.
- Claim Florida homestead if Miami is your primary residence.
- Use a revocable trust to hold real estate in both states and avoid ancillary probate.
- Have a Florida attorney confirm your will, POA, and surrogate work here.
This article is general information, not legal advice. Residency and multi-state property issues are nuanced. Consult a licensed Florida estate planning attorney in the Miami area to coordinate a plan across both of your states.
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 New York probate and estate administration.