Many Miami residents spend winters in South Florida and summers up north. That dual-state life raises questions most estate plans never address: Which state’s law governs your documents? Where is your legal residence? Will your out-of-state will work in Florida? This checklist helps snowbirds and dual-state residents put their plan on solid Florida footing.
Decide Where You Are a Resident, and Prove It
Residency drives everything from probate to taxes. If you want Florida to be your legal home, take concrete steps: file a Declaration of Domicile in Miami-Dade County, register to vote in Florida, get a Florida driver’s license, and spend the majority of your year here. Florida has no state estate tax and no state income tax, which is a major reason snowbirds formalize Florida residency. Half-measures invite a challenge from your northern state, which may still claim you as a taxpayer.
Checklist: Align Your Documents With Florida Law
- Review your will. A will validly executed in another state is generally honored in Florida if it met that state’s requirements, but a Florida will drafted to Florida standards (Section 732.502) avoids ambiguity, especially for a personal representative.
- Check your personal representative. Florida restricts who may serve. A nonresident generally cannot be your personal representative unless they are a close relative. A snowbird with out-of-state children should confirm their chosen executor qualifies.
- Update your power of attorney. Florida’s Chapter 709 has specific requirements. An old out-of-state POA may be questioned by Miami banks and institutions.
- Refresh health care documents. Have a Florida health care surrogate designation and living will so Miami hospitals honor your wishes without delay.
Protect Your Florida Homestead
Claiming your Miami home as your homestead (Article X, Section 4) provides creditor protection and a property tax exemption with the Save Our Homes cap. But you can claim homestead in only one state. If you are also claiming a residency-based exemption up north, you risk losing both. Pick Florida deliberately and drop any conflicting out-of-state claim. A Lady Bird deed can help your Florida home pass to heirs at death while preserving homestead benefits during your life.
Watch Out for Property in Two States
Owning real estate both in Miami and in another state can trigger ancillary probate, meaning a second probate proceeding up north after your death. This is slow, costly, and exactly what dual-state families want to avoid. A revocable living trust under Chapter 736 can hold real estate in both states, so your successor trustee manages and transfers everything without two separate court cases.
Coordinate Beneficiary Designations
Retirement and insurance accounts follow you across state lines and pass by beneficiary form. Confirm these designations are current and consistent with the rest of your Florida plan, since they override your will.
Talk to a Florida Attorney
Dual-state living rewards careful planning and punishes the careless. Because residency, homestead, and ancillary probate rules are state-specific, consider consulting a licensed Florida estate planning attorney who can align your documents with Florida law and your life between Miami and your second home.
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.
