Estate Planning for Snowbirds and Part-Time Florida Residents: What Hillsboro Beach Families Need to Know
If you split your time between Florida and another state, your estate plan probably has gaps — and they can be expensive. The questions of where you are legally domiciled, whether your out-of-state will works in Florida, and what happens to your Florida property at death all require specific answers.
Quick Answer
Snowbirds and part-time Florida residents face estate planning complications that full-time residents do not. The biggest issue is domicile: your legal domicile controls which state's laws govern your estate, and Florida has specific requirements to establish it — including a Florida driver's license, voter registration, and a Declaration of Domicile filed with the county clerk. If you own Florida real estate and die domiciled in another state, your Florida property must go through Florida ancillary probate in addition to the primary probate in your home state — meaning two court proceedings, two sets of attorney fees, and significantly more delay. A revocable living trust avoids this entirely: property held in trust passes to beneficiaries without any probate proceeding, in any state. Hillsboro Beach property owners should also understand that Florida's homestead exemption — and its valuable Save Our Homes property tax cap — requires that Florida be your primary residence. Part-time residents who have not established Florida domicile do not qualify.
Hillsboro Beach sits on a narrow barrier island between the Atlantic Ocean and the Intracoastal Waterway — one of the smallest municipalities in Broward County by population, and one of the highest in property values. It attracts retirees and high-net-worth families who spend winters in Florida and summers elsewhere.
That lifestyle comes with estate planning complexity that a single-state plan does not address.
The Domicile Question
Your legal domicile — the state you consider your permanent home — is the most important threshold question in snowbird estate planning. It controls:
- Which state's laws govern your will and estate
- Where your estate tax return (if any) is filed
- Where probate occurs for your personal property
- Whether Florida's homestead exemption applies to your property
Florida is an attractive domicile state because it has no state income tax, no state estate tax, and no state inheritance tax. But claiming Florida as your domicile requires more than just owning a condo in Hillsboro Beach. Florida courts look at the totality of your connections to the state.
Steps to establish Florida domicile:
1. File a Declaration of Domicile with the Broward County Clerk of Court 2. Obtain a Florida driver's license (and surrender any out-of-state license) 3. Register to vote in Florida 4. Register your vehicles in Florida 5. Update your address on bank accounts, investment accounts, and retirement accounts 6. File your federal tax return using your Florida address 7. Spend more than 183 days per year in Florida (helpful but not required)
Equally important: update your estate planning documents to reflect Florida law and to specify that Florida is your domicile.
Ancillary Probate: The Snowbird's Biggest Estate Planning Risk
If you die domiciled in another state while owning real estate in Florida, your heirs face a two-court probate process:
- Primary probate in your home state handles personal property and assets located there
- Ancillary probate in Florida handles your Florida real estate
Ancillary probate in Florida has the same costs and timeline as standard Florida probate — six months to over a year, with attorney fees based on the value of the property. For a $1.5 million Hillsboro Beach condo, that is a significant expense paid from your estate before your beneficiaries receive anything.
The solution is straightforward: A revocable living trust holds title to your Florida property. When you die, the successor trustee transfers the property directly to your beneficiaries — no Florida probate, no ancillary proceedings, no delay.
Does Florida's Homestead Exemption Apply to Part-Time Residents?
No. Florida's homestead exemption — which caps property tax assessment increases and protects the property from most creditors — requires that the property be your permanent residence. Part-time residents and snowbirds who have not established Florida domicile do not qualify.
If you have established Florida domicile and your Florida home qualifies as your homestead, you also benefit from the Save Our Homes amendment, which caps annual increases in assessed value at 3% or the Consumer Price Index, whichever is lower. The longer you hold a homesteaded property, the greater the gap between assessed value and market value — and the greater the property tax savings.
When you die, your heirs need to understand that the Save Our Homes cap does not transfer automatically. They will need to file for their own homestead exemption if they make the property their primary residence, or accept the assessed value resetting to current market value.
Out-of-State Wills: Do They Work in Florida?
Generally yes — Florida recognizes wills that were valid in the state where they were executed. However, an out-of-state will may use different terminology, fail to account for Florida's homestead rules and forced heir protections, and lack the self-proving affidavit that makes Florida probate easier. Any snowbird who owns Florida property should have their estate planning documents reviewed by a Florida attorney to ensure they accomplish what was intended.
A Complete Estate Plan for Part-Time Florida Residents
Whether you are establishing Florida domicile or maintaining domicile in another state, a complete plan should include:
- Revocable living trust — avoids Florida ancillary probate for Florida property
- Florida pour-over will — directs any unfunded assets into the trust
- Durable power of attorney — Florida-specific for managing Florida property during incapacity
- Healthcare surrogate designation — recognized by Florida hospitals
- Review of beneficiary designations — on all accounts and insurance policies
Frequently Asked Questions
If I spend 6 months in Florida and 6 months in New York, which state governs my estate? The state where you are legally domiciled governs your estate. This is determined by your actions and connections, not purely by time spent. The Declaration of Domicile and the steps above help establish Florida domicile unambiguously.
Can I have homestead exemption in Florida and a primary residence exemption in another state? No. You can only claim one state's primary residence exemption. If you claim Florida's homestead exemption, you should be properly domiciled in Florida and not claiming competing exemptions elsewhere.
My beach condo is worth $2 million. How much does ancillary probate cost? Florida's statutory attorney fees for a $2 million estate are approximately $55,000 before additional fees for accountings and extraordinary services. A living trust costs a fraction of that and eliminates the proceeding entirely.
I already have a revocable trust from my home state. Does it cover my Florida property? Possibly, but only if the Florida property has been properly transferred into the trust (retitled in the trust's name). Many people create trusts but fail to fund them with real estate. A Florida attorney can verify whether your trust covers your Florida property and fix any gaps.
Contact Mark Mastrarrigo P.A. to review your estate plan and ensure your Florida property is protected. Our Cooper City office serves Hillsboro Beach, Lauderdale-by-the-Sea, and all of Broward County.