The “Snowbird” Trap: Why Owning a Florida Vacation Home Requires More Than Just a Will

If you are reading this from your lanai in Sarasota or Bradenton, enjoying the mild winter breeze while your friends back north are shoveling snow, congratulations. You are living the Florida dream.

But for many “Snowbirds,” this dream property can turn into a complex legal burden for their heirs.

There is a common misconception among seasonal residents: “I have a Will in Ohio (or Michigan, or New York), so my Florida condo is covered.”

Unfortunately, real estate law is strictly geographical. Because your vacation home is located on Florida soil, your home-state Will may not be enough to transfer it without a costly, secondary court process.

This is what we call the Ancillary Probate trap. Here is what you need to know to avoid it.

What is Ancillary Probate?

In the legal world, jurisdiction matters. If you pass away while a resident of another state, your “domiciliary” probate (your main estate administration) will happen in your home state courts.

However, a judge in New York or Ohio has no legal authority over real property located in Florida. They cannot sign an order transferring a Sarasota deed.

To transfer that property, your family must open a second probate case in the Florida county where the property is located. This secondary proceeding is called Ancillary Administration (governed by Florida Statute 734.102).

The Cost of Doing Nothing

For your heirs, Ancillary Probate means:

• Additional Attorney Fees: Your estate pays for a lawyer up north and a probate lawyer for out-of-state clients here in Florida.
• Separate Court Costs: Two filing fees, two sets of newspaper notices, and two timelines.
• Delays: You often cannot close the main estate up north until the Florida real estate is sold or transferred, which can drag the process out for months or years.

The Solution: How to Bypass the Florida Courts

The good news is that Ancillary Probate is entirely voluntary, meaning you can choose to opt out of it with the right planning now, while you are healthy and enjoying your winter season.

Here are the two most common ways we help clients avoid this trap:

1. The Revocable Living Trust: This is often the preferred strategy for Snowbirds. By creating a Revocable Living Trust (or updating your existing Trust) and deeding your Florida property into it, you effectively remove the property from your personal name.

• Why it works: A Trust does not die. When you pass away, the Trust still owns the condo, and your hand-picked Successor Trustee can seamlessly step in to sell it or transfer it to your kids, typically without court intervention.

2. The “Lady Bird Deed” (Enhanced Life Estate Deed): For simpler estates, Florida offers a unique tool called a Lady Bird Deed. This deed allows you to own the property for the rest of your life and naming “remaindermen” (heirs) who automatically inherit the property the moment you pass away.

• Why it works: It acts like a “beneficiary designation” for your house. The transfer happens by operation of law, avoiding the need for probate.

Don’t Leave a Mess in Paradise

You bought your Florida home to be a source of joy for your family, not a burden. If you own Sarasota real estate in your individual name, you are likely leaving your family a complicated legal project.

While you are in town this season, take the time to review your deed and your estate plan.

Are you a Snowbird? 

Schedule a consultation with our office to see if your Florida home is protected from Ancillary Probate.

Legal Disclaimer: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

This blog post is for general informational purposes only and does not constitute legal advice. Reading this article or contacting our office does not create an attorney-client relationship. Every legal situation is unique; you should consult with a qualified attorney regarding your individual circumstances. Nothing in this article should be considered tax advice. Our office does not provide tax advice, and you should consult with a qualified tax professional before taking any action that may have tax consequences.