Founder
Snowbirds—those who split time between New York and Florida—often enjoy the best of both worlds. But when it comes to estate planning, owning property or accounts in multiple states can create serious probate complications. Without the right planning, your family could face duplicate court proceedings, delays, and unexpected expenses. Understanding how multi-state probate works can help you take proactive steps to protect your assets and ensure a smoother transition for your loved ones.
Understanding How Probate Works Across State Lines
Probate is the legal process used to validate a will and transfer ownership of assets after death. Each state has its own laws governing probate, which means owning property in more than one state can trigger multiple proceedings.
For snowbirds, this often means:
- Primary probate in the state of domicile (where you legally reside)
- Ancillary probate in any other state where you own real estate or titled property
For example, if you live in New York but own a condo in Florida, your estate may need to go through probate in both states, doubling the time and costs involved.
Common Complications for Snowbirds
Owning assets in two or more states can lead to several challenges during probate, including:
- Conflicting laws: Florida and New York have different rules about executor authority, homestead property, and estate taxes.
- Increased expenses: Each probate requires filing fees, legal representation, and court costs.
- Administrative delays: Coordinating between courts can slow the process considerably.
- Unclear domicile status: If you divide time evenly between states without establishing legal residency, determining which court has jurisdiction can be difficult.
These issues can frustrate heirs and drain estate value, especially when the estate includes properties, vehicles, or financial accounts in multiple jurisdictions.
How Proper Planning Can Prevent Multi-State Probate
The good news is that with thoughtful planning, most of these complications can be avoided. Steps to consider include:
- Creating a revocable living trust to hold property in different states, so assets transfer without court involvement.
- Retitling property into joint ownership or transfer-on-death deeds where permitted.
- Updating your will to clearly identify your primary state of residence.
- Coordinating state-specific documents, such as powers of attorney and healthcare directives, to comply with each jurisdiction’s requirements.
We often recommend reviewing both your Florida and New York estate documents regularly to ensure they remain valid under current laws in both states.
Establishing and Proving Domicile
One of the most significant challenges for snowbirds is proving where they legally reside at death. Domicile determines which state’s laws govern your estate and where primary probate occurs. To establish domicile clearly:
- Spend more than half the year in your chosen home state
- File taxes, vote, and register your driver’s license there
- Use that address for official correspondence
Failing to maintain consistency can lead to disputes between states or heirs, causing additional probate delays.
Coordinating Probate Matters Across States
Even with careful planning, probate for snowbirds often involves more than one court system. Because Attorney Angela Siegel is admitted to practice in both New York and Florida, she can handle every aspect of the process directly, without the need to hire separate counsel in each state. This dual licensure allows her to coordinate filings, transfer property, and address tax requirements seamlessly, ensuring your estate is managed efficiently from start to finish.
Plan Ahead to Simplify Probate for Your Family
Multi-state probate is avoidable when you plan ahead and keep your documents current. As an attorney experienced in both New York and Florida estate law, Angela Siegel helps snowbirds structure their estates to minimize legal burdens and maximize clarity for heirs.
If you divide your time between states, let’s make sure your estate plan reflects it. Contact the Law Office of Angela Siegel to review your documents and protect your family’s future.
FAQs
Do I need two wills if I own property in both New York and Florida?
Usually, you only need one valid will, but it must meet the legal standards of both states. However, if you have complex assets or real estate in multiple states, creating a supplemental will or placing property in a trust may help avoid conflicts and simplify probate.
What is ancillary probate, and when is it required?
Ancillary probate is a secondary proceeding in another state where you own property. For example, if your primary residence is in New York but you own a vacation home in Florida, your estate may need to go through ancillary probate in Florida to transfer ownership legally.
How can I prevent my family from having to go through probate in two states?
The best way to avoid multi-state probate is by using a revocable living trust or joint ownership structure. These options allow assets to transfer automatically upon death, bypassing court approval. Working with an attorney licensed in both states ensures your plan is legally valid everywhere you hold property.