Estate Planning for Snowbirds and Dual-State Residents in Boca Raton

Boca Raton is full of snowbirds who winter here and summer up north. Splitting your life across two states raises real questions about which state governs your estate plan and your taxes. Here is what dual-state residents ask us.

Which state’s law controls my estate plan?

Generally, the law of your domicile, your true permanent home, governs the distribution of your personal property and the validity of your will. Real estate is governed by the law of the state where it sits. So if you are domiciled in Florida but still own a house in New York, your New York property follows New York law for probate. That split is the heart of snowbird planning.

Why does establishing Florida domicile matter?

Florida has no state estate or inheritance tax and no state income tax. Many northern states impose their own estate tax with far lower exemptions than the federal level. If your domicile is genuinely Florida, you generally escape those state-level death taxes. To support Florida domicile, snowbirds typically file a Declaration of Domicile in Palm Beach County, get a Florida driver’s license, register to vote here, and update key documents. Spending more than half the year in Boca helps, but it is the totality of your ties that counts.

What is the homestead benefit for Boca residents?

If your Boca Raton home is your permanent residence, you may qualify for the homestead exemption, which reduces property taxes and caps annual assessment increases under Save Our Homes. Constitutional homestead under Article X, Section 4 also gives strong creditor protection and special rules on how the home can pass. You can only claim homestead in one state, so claiming it here reinforces that Florida is your domicile.

Will my estate go through probate in two states?

It can. If you keep real estate up north in your individual name, your family may face a primary probate in Florida plus an ancillary probate in the other state, which means two courts, two sets of fees, and more delay. The cleanest fix is usually a revocable living trust under Chapter 736 that holds your out-of-state real estate. Property titled in the trust passes under the trust terms and avoids ancillary probate entirely.

Is my current will still valid after moving to Florida?

A will validly executed in another state is generally honored in Florida, but it should be reviewed. Florida has specific execution requirements under section 732.502 and unique features, such as the rules for self-proving affidavits and personal representative eligibility. Florida limits who can serve as your personal representative, so an out-of-state relative named in an old will may not qualify unless they are close kin.

What about Florida probate if I do nothing?

Florida offers summary administration for smaller estates or when the decedent has been gone more than two years, and formal administration for larger or more complex estates. Summary administration is faster, but it is not available to every estate. A well-funded trust lets your family avoid the question altogether.

Do my POA and health care documents travel with me?

Mostly, but it is smart to have Florida-compliant versions. A durable power of attorney under Chapter 709 and a Florida designation of health care surrogate will be more readily accepted by Boca-area hospitals and banks than an unfamiliar out-of-state form.

Talk to a Florida attorney

Dual-state life rewards careful planning and punishes assumptions. This article is general information, not legal advice. A licensed Florida estate planning attorney can confirm your domicile strategy and coordinate your plan across both states.