If you split your year between a home up north and a place here along the Intracoastal, you are far from alone. Palm Beach welcomes thousands of seasonal residents each winter, and many of them carry estate plans written in another state. The good news is simple and reassuring: Florida is one of the most welcoming places in the country to call your legal home. The key is making sure your documents reflect that choice clearly, so your loved ones are never caught in a tug-of-war between two states.
Why Florida Residency Matters for Your Family
Florida has no state estate tax and no inheritance tax. For a snowbird who could otherwise be taxed by a higher-tax northern state, establishing genuine Florida residency can be one of the most meaningful gifts you leave your children. Residency is not just about your driver’s license; it is shown through where you vote, file taxes, register vehicles, and file a Florida Declaration of Domicile. The more consistently your life points to Palm Beach County, the stronger your family’s position.
The Homestead Advantage
Florida’s homestead protection under Article X, Section 4 of the state constitution shields your primary residence from most creditors and carries special inheritance rules. If your Palm Beach home is your homestead, those protections can pass meaningful security to a surviving spouse and children. But homestead also limits how you can leave the property if you have a spouse or minor child, so coordinating your deed and your will or trust is essential to avoid unintended results.
One Plan, Two States
A common worry for dual-state residents is whether a will signed elsewhere is valid here. Florida will generally honor an out-of-state will if it was properly executed where it was signed, but practical problems still arise. Florida has its own witnessing and notarization rules under Section 732.502, and a will that was self-proved in another state may not be self-proved here, which can slow things down. Many seasonal residents choose to have a fresh Florida will and a revocable trust drafted once they settle on Palm Beach as home base.
Avoiding Probate in Two Places
Owning real estate in more than one state is the classic trap. If you keep a northern home in your individual name, your family may face a second, separate probate there in addition to any Florida administration. A revocable living trust under Chapter 736 can hold property in both states and let your family avoid duplicate court proceedings entirely. For a Florida home, a Lady Bird deed (an enhanced life estate deed) is another tool that can pass the property automatically while you keep full control during your lifetime.
Powers of Attorney and Health Care Documents
Your durable power of attorney under Chapter 709 and your health care directives should be valid and recognized in Florida, where you may need them during the months you are in residence. Florida law has specific signing requirements for durable powers of attorney, and out-of-state forms are sometimes questioned by local banks and hospitals. Having Florida-compliant documents on hand means that if something happens during the season, the people you trust can act without delay.
Keeping It Simple as Life Changes
Dual-state planning sounds complex, but the goal is the opposite: one clear, coordinated plan so your family is not left untangling conflicting paperwork. As your time in Palm Beach grows, revisiting your documents every few years keeps everything aligned with where your life truly is.
This article is general information, not legal advice. Florida residency and homestead rules are nuanced, so please consult a licensed Florida estate planning attorney to create a plan tailored to your family and your Palm Beach home.
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For more on our Florida practice, see our overview of estate planning in Boca Raton. Morgan Legal Group's affiliated New York office also handles .