Estate Planning for Snowbirds and Dual-State Residents in Palm Beach

Every November the Hendersons close their house outside Boston and drive south to their place in Palm Beach. They spend five and a half months in Florida, golf through the winter, and head north before the summer heat. They consider themselves Floridians now — but their estate plan, drafted years ago in Massachusetts, still treats them as New Englanders. That mismatch is the classic snowbird trap.

Domicile Is a Decision, Not a Vibe

Florida has no state estate tax, no state income tax, and powerful homestead protections, so many dual-state residents want Florida to be their legal domicile. But spending winters here is not enough. Domicile is your one true permanent home, and the state you left may fight to keep taxing you. The Hendersons should make the choice unmistakable: register to vote in Palm Beach County, get Florida driver’s licenses, retitle vehicles, file a Florida Declaration of Domicile, use the Palm Beach address for tax returns and financial accounts, and file for the Florida homestead exemption on the Palm Beach home.

Claiming Homestead — and Only One

Florida’s homestead protection under Article X, Section 4 of the state constitution shields the primary residence from most creditors and provides property-tax benefits. The catch: you can claim homestead in only one state. If the Hendersons keep claiming a residential exemption up north while also seeking Florida homestead, they risk losing both and inviting an audit. Choosing Palm Beach as the homestead is part of the domicile package, not a separate decision.

The Out-of-State Property Problem

Here is what surprises snowbirds most. Even if the Hendersons become rock-solid Florida domiciliaries, the Massachusetts house still sits in Massachusetts. Real property is governed by the law of the state where it is located, so that northern home would typically require a separate probate — ancillary administration — in its home state, in addition to administering the estate in Florida. Two probates in two states means two sets of costs and delays for their children.

The Revocable Trust Fix

The cleanest solution is a Florida revocable living trust under Chapter 736. By deeding both the Palm Beach home and the northern property into the trust, the Hendersons avoid probate in both states entirely. The successor trustee simply administers the assets per the trust terms, no courtroom in either jurisdiction required. For dual-state owners, this single step often justifies the entire plan.

Make Sure Your Documents Travel

A will validly executed in another state is generally honored in Florida if it was valid where signed, but it is worth confirming it meets Florida’s standards under section 732.502. More urgent are the lifetime documents. A durable power of attorney under Chapter 709 and a Florida health care surrogate designation ensure that if a medical emergency happens in Palm Beach, local hospitals and banks recognize your agents. Out-of-state forms can cause friction at the worst moment. Many snowbirds keep a Florida-compliant set precisely for the winter months.

Probate Routes to Know

If probate does become necessary in Florida, smaller or older estates may qualify for summary administration, while larger estates go through formal administration. Knowing which path applies — and structuring assets to minimize court involvement — is part of a good dual-state plan.

Consult a Florida Attorney

Domicile, homestead, and multi-state property questions are fact-specific and consequential. Before relying on this overview, speak with a licensed Florida estate planning attorney who can coordinate your plan across both states.