Many South Florida residents split the year between a Miami condo and a home up north. That dual-state life creates estate planning traps: two homes in two legal systems, questions about which state is your legal domicile, and the risk of probate running twice. This checklist helps snowbirds keep one coherent plan.
1. Establish Florida as your domicile, deliberately
Florida has no state income tax and no state estate or inheritance tax, so claiming Florida as your legal domicile can matter. Domicile is about intent shown by action: file a Florida Declaration of Domicile in Miami-Dade, get a Florida driver license, register to vote here, and spend the qualifying time in-state. Your former state may push back if you keep strong ties there, so be consistent.
2. Claim your Florida homestead
If your Miami home is your permanent residence, file for the homestead exemption with the Miami-Dade Property Appraiser. Beyond the property tax break, Florida’s constitutional homestead protection under Article X, Section 4 shields your residence from most creditors and provides Save Our Homes assessment caps. You can only claim homestead in one state, so pick Florida intentionally.
3. Plan for the out-of-state property
Real estate is governed by the law of the state where it sits. If you die owning a house up north in your individual name, your family may face ancillary probate in that state on top of administration in Florida. That means two courts, two sets of fees, and more delay. The fix below avoids it.
4. Use a revocable trust to unify both homes
A Florida revocable trust under Chapter 736 can hold both your Miami residence and your northern property. Property titled in the trust passes under the trust’s terms without probate in either state, eliminating ancillary administration. This is the single most valuable move for dual-state owners. Confirm any homestead protections are not disturbed by the way the Florida home is held.
5. Make sure your documents travel
A will valid in Florida is generally honored elsewhere, and a Florida durable POA under Chapter 709 and health care surrogate should be accepted in most states, but institutions in your other state may be unfamiliar with Florida forms. Keep copies accessible in both homes so a hospital or bank in either location is not left waiting.
6. Coordinate, do not duplicate
Avoid signing separate wills in each state, which can contradict each other and trigger disputes. Maintain one master plan centered on your Florida domicile, with the trust and pour-over will handling assets wherever they are located.
Talk to a Florida attorney
Dual-state living rewards careful planning and punishes guesswork. A licensed Florida estate planning attorney, coordinating where needed with counsel in your other state, can confirm your domicile, fund a trust correctly, and keep your family out of two probate courts.
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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 .
