Estate Planning for Snowbirds: Which State Should You Choose?

If you split your time between Florida and another state, you’re not alone—Florida is home to thousands of “snowbirds” who enjoy warm winters in the Sunshine State and cooler summers up north. But while this lifestyle offers the best of both worlds, it can also complicate your estate planning.

If you own property or spend significant time in two states, which one should your estate plan be based in? And what happens if your estate documents conflict? Here’s what you need to know.

1. Determine Your Domicile, Not Just Your Residence

For estate planning purposes, the state that matters most is your domicile—the place you consider your permanent home. You can have multiple residences, but only one domicile.

Florida is often the preferred domicile because of its lack of a state income tax and no estate or inheritance tax. Establishing Florida domicile can simplify your estate and reduce potential tax exposure from your other state.

To prove Florida domicile, you can:

• File a Declaration of Domicile with your county clerk (Fla. Stat. §222.17).
• Register to vote in Florida.
• Obtain a Florida driver’s license and register your vehicle here.
• File taxes using your Florida address and spend more than half the year here.

2. Make Sure Your Estate Planning Documents Align

Each state has its own laws governing wills, trusts, and advance directives. While a will signed in another state is often valid in Florida (as long as it was executed according to the laws of that state), some documents are state-specific.

For example:

• Durable Power of Attorney – Florida has its own execution requirements and limits. If your existing power of attorney doesn’t meet Florida’s standards, your agent may face challenges using it.
• Health Care Surrogate and Living Will – These forms are governed by Florida Statutes §§765.101–765.205. Florida medical providers are most familiar with these formats, so it’s wise to have local versions.
• Deeds and Real Estate – If you own property in both states, you may need separate estate planning strategies for each, such as a Florida enhanced life estate deed (“Lady Bird Deed”) or a trust to avoid ancillary probate.

3. Avoid “Ancillary Probate”

If you own real estate in more than one state, your estate could face ancillary probate—a second probate proceeding in the state where the property is located.

To prevent this, you can:

• Title each property in a revocable living trust,
• Use a Lady Bird Deed for your Florida property, or
• Hold property jointly with rights of survivorship, when appropriate.

Avoiding multiple probates saves your family significant time and expense later.

4. Coordinate With Professionals in Both States

If you maintain ties in two states, it’s smart to work with an estate planning attorney licensed in Florida and, if necessary, an attorney in your other state. Together, they can ensure your documents are valid and effective everywhere you spend time.

Tax and property laws vary by state, so coordination between professionals helps avoid conflicts and ensures your plan functions seamlessly no matter where you are.

5. Review Your Plan Regularly

Life as a snowbird can change—new property purchases, changes in marital status, or shifts in tax laws can all impact your estate plan. Revisit your plan every few years or after any major move or legal change in either state.

The Bottom Line

For snowbirds, Florida-based estate planning documents often provide the most flexibility and tax efficiency, but the key is coordination. Whether you spend six months or just a few weeks here, make sure your plan reflects your true domicile and complies with both states’ laws.

Emily Hicks Law can help you simplify your multi-state situation and protect your assets—no matter which direction you fly for the season.

Ready to plan? Give us a call today.