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September 10, 2026
Snowbird Estate Planning: Do You Need a Florida Will If You Split Time Between States?
Dividing the year between Florida and another state can leave an estate plan tied to the wrong assumptions. A will directs the transfer of assets at death and names the person who will administer the estate. For snowbirds, the central issue is not where they spend winter, but which state is their legal domicile and where their property is located.
Owning or occupying a Florida residence does not automatically mean someone needs a new Florida will. A properly executed will from another state may remain valid here, but it should be reviewed after a change in domicile, a Florida home purchase, or a major family change. The Law Offices of Petrovitch & Kutub helps Florida families identify conflicts before those issues reach probate. If your current documents predate your Florida residence, schedule a consultation with us to have them reviewed.
Domicile Matters More Than the Calendar
A person may have homes in multiple states, but generally has only one domicile at a time. Domicile reflects a permanent legal home, supported by conduct and intent. Time spent in Florida matters, yet it is only one factor. Driver’s licenses, voter registration, tax filings, homestead claims, mailing addresses, business ties, and the location of valuable possessions may all tell a different story.
When records point in competing directions, a review by our estate planning attorney can help determine whether the documents align with the client’s stated intentions. If Florida has become the intended permanent home, the plan and related records should reflect that choice consistently. Otherwise, disagreements may arise over where probate belongs, which state’s law controls certain issues, and whether particular tax or creditor rules apply.
An Out-of-State Will May Still Be Valid
Florida does not automatically reject a will merely because it was signed elsewhere. Florida Statutes section 732.502 generally recognizes a nonresident’s will if it was valid where executed, except for holographic or nuncupative wills. Florida’s own signing rules generally require a written will signed at the end, with two witnesses who sign in the required presence.
Even a valid document may no longer reflect the person’s family, property, or preferred representatives. A review with our wills attorney may reveal outdated terminology, an unavailable personal representative, omitted property, or provisions that conflict with beneficiary designations. Addressing those issues in advance can reduce uncertainty and help preserve the intended distribution plan.
Self-proving language also deserves attention. Under Florida Statutes section 732.503, a compliant will may be made self-proved through the required acknowledgments and affidavits. A will made self-proved under another state’s law may also be treated as self-proved in Florida. Reviewing this detail can reduce the need to locate witnesses during probate.
Florida Homestead Requires Particular Care
Florida homestead law can limit how a primary residence passes at death. Under section 732.4015, homestead generally cannot be devised when the owner leaves a spouse or minor child, subject to a limited devise to a spouse when there is no minor child. These restrictions can apply even when the will says something different.
Before changing a deed, will, or trust, families may ask our estate planning lawyer to examine the property’s ownership, the owner’s marital status, the presence of minor children, and the proposed recipient. The review should also determine whether the residence qualifies as homestead. Treating a seasonal property as homestead without examining the underlying facts could produce unintended results.
Property in Two States May Mean Two Proceedings
When a Florida domiciliary dies owning real estate in another state, the estate may require a primary probate in Florida and an additional proceeding where that real estate sits. The same concern can arise in reverse when a resident of another state owns Florida real property. This secondary process is commonly called ancillary probate.
Depending on the property and the owner’s goals, guidance from our trust attorney may include discussing whether properly funded trust ownership could reduce the need for separate probate proceedings. A trust is not automatically the right choice, and signing one without transferring assets into it may leave the central issue unresolved. Title, administration costs, creditor concerns, family circumstances, and the laws of both states should inform the decision.
The Entire Plan Should Work Across State Lines
A will is only one part of the file. Powers of attorney, health care directives, living wills, trusts, beneficiary designations, transfer-on-death arrangements, and jointly owned accounts may control property or decisions outside probate. Clients can review the firm’s practice areas when considering how estate planning, elder law, Medicaid planning, guardianship, and probate concerns may overlap.
Conflicting directions among these documents are issues our wills and trusts attorney can identify during a plan review. A will does not override a valid beneficiary designation, and an unfunded revocable trust does not control an asset that remains individually titled. The review should also confirm that named agents and fiduciaries remain willing, capable, and appropriately located.
Coordinating legal documents with asset ownership and current family circumstances may form part of our estate planning services. That process can address both residences, financial accounts, business interests, insurance, retirement benefits, digital property, and personal belongings. A recent marriage, divorce, birth, death, inheritance, or change in health may also justify updates.
When a Florida Will Review Makes Sense
A snowbird should consider a Florida review after declaring Florida domicile, buying or selling a residence, claiming homestead treatment, marrying, divorcing, welcoming a child or grandchild, receiving an inheritance, or experiencing a substantial financial change. Review is also sensible when the named personal representative lives far away or the documents are several years old.
A review does not always result in replacing every document. Sometimes a valid existing will needs only a codicil or coordinated updates elsewhere. In other situations, revising the full plan is clearer than layering new instructions over old ones. The purpose is consistency across both states, not change for its own sake.
Build One Plan for Both Homes
Splitting time between states should not force a family to piece together conflicting instructions after a death or incapacity. PK Legal Group can assess domicile, Florida homestead, out-of-state property, fiduciary appointments, and the documents that transfer assets outside a will, then recommend changes suited to the client’s circumstances. To create a coordinated plan for both homes and the people who matter most, contact us today.