Administering the estate of a Florida snowbird – which is a term for someone who divides their time between Florida and another state, often spending winters in Florida – can be a uniquely challenging task. Snowbirds frequently own property and maintain financial ties in multiple states, making the probate process more complex than it might otherwise be.
As a result of this reality, it’s generally wise to seek legal support before attempting to administer a snowbird’s estate. Proceeding without personalized guidance can lead to otherwise preventable delays, stress, costs, etc. If you’ve been tasked with administering a snowbird’s estate, chances are that you’ll need to take the following specific actions as you get started, to remain compliant with Florida probate laws and the laws of the snowbird’s state of origin.
Determining domicile
One of the first steps in administering a snowbird’s estate is determining their legal domicile. Domicile is the state where an individual intends – or, in the case of a deceased person, intended – to make their permanent home. This is important because it dictates which state’s probate laws will apply primarily to the administration of their estate. While a snowbird may spend significant time in two or more states, they can only have one domicile for legal purposes.
For many snowbirds, Florida is their chosen domicile due to its favorable tax laws, including the absence of state income tax and inheritance tax. To establish Florida as their domicile, snowbirds often take steps such as filing a declaration of domicile, registering to vote in the state and obtaining a Florida driver’s license. Note that if there is any dispute over the deceased’s true domicile, it may complicate the probate process.
Florida probate process and ancillary probate
If Florida is determined to be the snowbird’s domicile, the estate will typically go through Florida probate. Note that probate administration in Florida will only apply to assets that are solely in the deceased’s name and not held in joint tenancy or subject to a beneficiary designation, such as life insurance policies or retirement accounts. Snowbirds often own property in multiple states, and real estate located outside of Florida may require ancillary probate in the other state.
Ancillary probate is a secondary probate process conducted in the state where the additional property is located. For example, if a snowbird domiciled in Florida also owns a cabin in Michigan, Florida will be the primary state for probate, but Michigan probate courts will oversee the transfer of the cabin.
Administering the estate of a Florida snowbird isn’t always a straightforward process for an executor. An executor may need to deal with multiple probate courts, file taxes in more than one state and manage assets spread across different jurisdictions. Staying organized and seeking legal support can help.
