Snowbirds / multi-state
Domicile planning + ancillary coordination across states.
If you split your year between Florida and another state, two questions drive your estate plan: (1) which state is your legal domicile for tax and probate purposes, and (2) how does your plan handle assets in both states. Done well, your family avoids ancillary probate in the secondary state and you take full advantage of Florida's no-state-income-tax / homestead protections.
Florida is usually the favorable domicile — no state income tax, generous homestead protection, no estate tax. But you have to actually establish it: register to vote, file a declaration of domicile, get a Florida driver's license, file Florida tax returns. Otherwise the other state can claim you and tax accordingly.
On the asset side, the standard answer is a revocable living trust funded with property in both states. The trust avoids probate in both — which means no ancillary administration in the secondary state when you pass. Just a coordinated trustee distribution.
What this means for you
- Domicile matters more than residence. You can be a resident of two states but only one domicile. Florida domicile usually saves significant taxes.
- Without a trust, your secondary-state property triggers ancillary probate — a separate court proceeding in that state — costing extra time and fees.
- Your other state may claim you for tax purposes if you don't formally establish Florida domicile. We coordinate the formalities.
- The trust must be drafted to handle both states' rules. Florida-only language can have unintended effects on out-of-state property. We use cross-state-aware drafting.
- Your healthcare directives need to work in both states. Florida statutory forms work in Florida; many other states have different requirements. We sometimes draft parallel sets.
Recommended documents
Most situations route to one or two probate paths. Here are the most likely fits — read the detailed page on whichever feels closest, or use the consult to confirm.
What we watch for
Easy on people, tough on problems. These are the things that catch families off guard — we've seen them all and we plan around them.
- Failing to formally establish Florida domicile. Voting in another state, paying state income tax there, keeping a primary doctor there — all weigh against your Florida domicile claim. We provide the checklist.
- Owning your second-state home individually. Without trust funding, ancillary probate in that state is required when you die. We retitle.
- Two wills (one per state). Generally a bad idea. They contradict each other and create litigation risk. One trust covering both states is cleaner.
- Healthcare directives that only work in Florida. Out-of-state ICUs sometimes refuse non-state forms. We sometimes draft parallel forms or use the Five Wishes form which works in most states.
- Forgetting state income tax exposure. If you spend more than 183 days in a high-tax state, that state can tax you regardless of domicile claim. We coordinate with your CPA.
Questions families ask us
How do I establish Florida domicile?+−
Will my other-state property avoid probate with a Florida trust?+−
What about state income tax on retirement income?+−
Do I need a separate will in my other state?+−
What if I move back to my other state?+−
Snowbirds are about a third of our planning practice — Florida is uniquely suited to this lifestyle, and the planning rewards setting it up properly. We'll get the domicile right, the trust funded across both states, and the healthcare directives portable. Your family won't have to figure out two states' probate when you pass — and you'll save real money on taxes during life.