Why Snowbirds Need an Estate Plan in Florida, Even If They Live Elsewhere

Protecting Your Sunshine State Property and Avoiding Probate Pitfalls

If you’re one of the many “snowbirds” who head to Florida to escape the cold winters up north, you’re not alone. Florida’s warm weather, no state income tax, and abundance of second homes make it a favorite destination for part-time residents. But while you may only live here part of the year, if you own property or spend significant time in the state, you need to consider Florida-specific estate planning—even if your primary residence is in another state.

Many snowbirds assume their out-of-state will or trust will cover everything, including their Florida assets. However, different states have different laws, and failing to plan properly can lead to unintended consequences—like a second probate in Florida, known as ancillary probate, or disputes over who controls your property and health decisions while you’re here.

Florida Real Estate Triggers Florida Probate

If you own a home, condo, or investment property in Florida that’s titled solely in your name, that property will generally have to go through Florida probate upon your death—even if your primary estate is being administered in another state. This means your family could face two probate proceedings, with added costs, delays, and paperwork.

You can avoid this by retitling the property into a revocable living trust or another probate-avoidance vehicle. That way, your Florida property passes seamlessly to your chosen beneficiaries—without needing to open a court file in the Sunshine State.

Health Care and Power of Attorney Issues

Many snowbirds don’t realize that their out-of-state healthcare surrogate designation or power of attorney may not be accepted in Florida. Hospitals and financial institutions may be unfamiliar with the forms from another state, or may require Florida-compliant language to allow someone to act on your behalf.

To ensure someone can help manage your affairs if you’re incapacitated while in Florida, it’s smart to execute Florida-specific durable power of attorney and health care documents—even if you already have similar forms in your home state. These can work alongside your broader estate plan and be limited in scope to your Florida needs.

Protecting Homestead and Tax Advantages

If you eventually declare Florida as your permanent residence, your estate plan must also consider Florida’s unique homestead laws, which offer creditor protection, tax savings, and restrictions on who can inherit the property. These laws can override the terms of your will or trust, especially if you have a spouse or minor children.

Even if you don’t claim Florida as your domicile, property tax planning for non-residents is another key issue to address. Your estate plan should include clear language about your intent for the property and how it will be handled upon death.

Peace of Mind and Simplified Planning

Creating or updating an estate plan that takes Florida law into account ensures that:

• Your Florida property avoids ancillary probate

• Your documents are accepted by Florida healthcare providers and banks

• Your wishes are followed, no matter where you reside

At The Warnock Law Group, we work with seasonal residents to create coordinated estate plans that work across state lines and account for Florida’s unique legal landscape. Whether Florida is your second home or your future forever home, we can help protect your assets and simplify your legacy.

Contact us today to ensure your estate plan covers both your home state and your Florida footprint—so your loved ones aren’t left dealing with confusion, court delays, or unexpected costs.

For a free consultation regarding Estate Planning or for further help with the process please contact us at:

(239) 437-1197

6843 Porto Fino Cir,

Fort Myers, FL 33912, USA

law@warnocklawgroup.com

FL Snowbirds