Dividing your time between Florida and another state can be a pleasure, but it also makes coordination important. A second home, financial accounts, and documents prepared elsewhere should be reviewed as parts of one plan.
Distinguish residence from domicile
You may have more than one residence, but domicile generally refers to the place you intend as your permanent legal home. The relevant evidence and legal tests depend on the issue. Domicile can affect probate and taxes, while real property is also subject to the law of the state where it is located.
Changing a mailing address or spending part of a year in Florida does not by itself resolve every domicile question. Review your circumstances with advisers who understand the states involved, especially when the other state imposes an estate or income tax.
Coordinate the documents
A will validly executed elsewhere may be recognized in Florida, subject to statutory requirements and exceptions. Powers of attorney and health care documents have their own recognition rules. It is not always necessary to replace every document, but a review can identify wording or practical acceptance issues before a crisis.
Florida uses a designation of health care surrogate. For a designation executed under Florida’s statute, two adult witnesses are required; the designated surrogate cannot witness it, and at least one witness must be neither the principal’s spouse nor blood relative. If separate documents are useful in two states, they should be coordinated so that one does not unintentionally revoke or conflict with the other.
Plan for real estate in both states
Separately owned real estate may require an ancillary administration in the state where it is located, even if a principal administration occurs elsewhere. The domicile state’s administration is not simply limited to every asset physically inside that state’s borders; the type and ownership of the property matter.
A properly funded trust or another appropriate title arrangement may avoid probate for particular property. The transfer must be evaluated under the local title, tax, mortgage, insurance, and homestead rules. A trust is one option, rather than an automatic recommendation for every seasonal resident.
A Florida personal representative need not always be a Florida resident. Florida permits specified nonresident relatives, including qualifying spouses and lineal relatives, to serve; other eligibility requirements also apply. An unrelated nonresident friend may not qualify.
We can help review the Florida portion of your estate plan and coordinate with advisers in another state so that the documents and property arrangements work together.
Sources: Nonresident personal representatives; Florida will execution and recognition; Florida health care surrogate designation.
Updated October 26, 2026.