Probate for Snowbirds: Owning Property in Florida and Another State

Without proper planning, owning property in South Florida and in another state, as many snowbirds do, can lead to what is often called the double probate trap for your family. The process requires a primary probate in your home state and an ancillary probate in Florida. There are, however, steps you can take to ensure that your loved ones don’t face the additional expense and delay of slogging through probate in two states when they’re grieving your loss. An important early move is consulting with our experienced South Florida probate law attorney at Brian K. McMahon, P.A.

When you own property in Florida and another state, each state’s complex probate laws apply to the property you own in the specific state. This tends to make an already challenging matter that much more so. If you don’t have a solid plan in place, your heirs can face a wide range of difficulties.

The Need for Opening Separate Probate Cases

If you have only a simple will in place that doesn’t address the issue at hand, your relatives may be required to open a separate probate case in Florida, which is called an ancillary probate. This means that your family will not only face additional expenses but can also expect delays before they officially inherit the Florida property.

Florida’s Homestead Laws

Florida’s homestead laws come with serious benefits that relate to tax savings and protections from creditors. These apply only if your Florida home is genuinely your permanent home. Claiming tax breaks in both states violates Florida law, which can lead to lost tax savings, tax penalties, and back taxes.

Misinterpretation of Domicile and Residence

While you may have more than one residence, you can have only one legal domicile, which identifies the state with jurisdiction for probate and estate administration. When it comes to snowbirds, ambiguity can be a real concern. For example, if you vote in Florida but retain a driver’s license in another state, both states may claim you as a resident, which can lead to double probate.

Your estate plans are designed to honor your loved ones, making careful thought in the process paramount. Turn to a focused probate law lawyer for the help you’re looking for.

Establishing a Florida Domicile Can Save You Money

Establishing a Florida domicile can lead to significant tax savings and can help clarify your estate plans, but it requires more than simply spending time in the state. All the following can make a big difference:

Filing a Declaration of Domicile in the relevant county
Changing your primary mailing address to your Florida address
Holding a Florida driver’s license

Call Our Experienced South Florida Probate Law Lawyer Today

Brian McMahon at Brian K. McMahon, P.A., is our trusted South Florida probate law attorney, and he will leave no stone unturned in his focused efforts to ensure that your estate plans bolster your peace of mind. Learn more by contacting us online or giving our firm a call at 561-658-1789 today.