Michigan-to-Florida Snowbird Estate Planning: What to Update Before You Spend the Winter Down South

If you split your year between a home in Michigan and a place in Florida, your estate plan needs to do something most plans do not: work in two states with very different laws. Florida has no state income tax but very strict rules about who can serve as your personal representative, what kind of will it will honor, and what its powerful homestead protections do to your ability to leave the house to your kids. Michigan has friendlier will rules but a state income tax and a Michigan-specific patient advocate designation that Florida hospitals may not recognize. Get this wrong and your spouse cannot make medical decisions for you in Naples, your handwritten will is invalid in Tampa, and your Sarasota condo ends up in two probate courts. Get it right and the planning is straightforward and inexpensive. Here is the DIY guide.

First Question: Where Is Your Domicile?

The most important snowbird estate planning question is not "where do I spend the winter" but "where is my domicile?" Domicile is your one legal permanent home -- the state whose laws govern your income tax, your estate, your driver's license, your voter registration, and dozens of other legal questions.

You can own homes in both Michigan and Florida. You can spend time in both. But you can have only one domicile at a time. Per Barron, Rosenberg, Mayoras & Mayoras: "From a legal standpoint, however, you have only one permanent legal residence or home, which is your domicile. The laws of your domicile impact you financially and legally in a number of ways."

Most Michigan-to-Florida snowbirds fall into one of three patterns:

• Michigan domiciled, Florida winter rental. Easiest case. Michigan estate plan still controls everything. Make sure your Michigan documents include FADAA digital-authority language and your durable POA works for Florida banks if you need it down south.
• Michigan domiciled, Florida condo owned. The trickiest case. Michigan estate plan controls most things, but the Florida real estate creates a separate probate jurisdiction. Plan for ancillary probate or use a Florida Lady Bird deed (yes, Florida recognizes them too).
• Florida domiciled, Michigan property retained. The "snowbird who switched" case. You file Florida documents, change driver's license, vote in Florida, switch tax filings, and your Michigan property is now the "secondary" estate that triggers Michigan probate.

How Michigan and Florida Decide Domicile

You cannot pick your domicile just by saying "I am a Florida resident now." Both states look at conduct. The standard test is the 183-day rule: spend more than half the year (183+ days) in a state and that state will usually claim you as a resident. Add documentation that supports your intent and the case is stronger.

Conduct that signals Florida domicile (consolidated from Miller Johnson and BRMM):

• Spend more than 183 days per year in Florida.
• File a Declaration of Domicile with the Florida county circuit court.
• Apply for the Florida homestead tax exemption and RESCIND the Michigan Principal Residence Exemption.
• Florida driver's license and vehicle registration.
• Florida voter registration.
• Florida bank account, Florida-based primary doctor, Florida CPA.
• File federal tax returns with the Florida address.
• Sign Florida estate planning documents superseding the Michigan ones.
• Update Social Security and Medicare with the Florida address.
• Join religious and social organizations in Florida rather than Michigan.

One important Michigan rule: per the Couzens, Lansky guide to Florida snowbirds, "pursuant to a recent amendment to the Michigan General Property Tax Act, a person who claims a substantially similar exemption, deduction or credit on real property in another state and claims the principal residence exemption in Michigan is guilty of a misdemeanor." Translation: if you claim Florida homestead AND Michigan principal residence simultaneously, you can be criminally prosecuted. Pick one.

Income Tax: The Big Reason Snowbirds Switch

Michigan has a 4.25% state income tax on earned and unearned income (pensions, IRA distributions, interest, dividends). Florida has no state income tax at all. For a retiree drawing $80,000 a year from a 401(k) plus Social Security, switching domicile to Florida can save $3,000 to $4,000 a year in state income tax.

That said, federal income tax is the same in both states. And Florida property tax on a higher-value home can offset some of the income-tax savings. Run the math before declaring Florida domicile -- it is usually a clear win for retirees, but not always.

Florida Homestead: Protection With Strings Attached

Florida's homestead exemption is one of the strongest property-rights protections in the United States. Per the Couzens snowbird guide: "Florida has very broad creditor protection for Florida residents claiming Florida property as their homestead." If you go bankrupt or get sued, your Florida homestead is largely immune from forced sale by creditors (with narrow exceptions for mortgages, property taxes, mechanic's liens, and IRS tax liens).

The benefits include:

• Up to $50,000 reduction in the property's taxable value (and an extra $50,000 for residents age 65+ in some counties).
• Annual increase cap of the lesser of 3% or CPI inflation ("Save Our Homes").
• Near-total creditor protection for Florida-domiciled owners.

The strings

Florida's protections come with constitutional restrictions that can sabotage your estate plan if you do not know about them. Per the Law Office of Mark A. Schaum:

• Married with minor children: You CANNOT devise your Florida homestead to anyone but your spouse. The Florida Constitution overrides your will. Your spouse gets a life estate; minor children get the remainder.
• Married without minor children: You can only leave your homestead to your spouse outright (or in narrow trust structures). A pre- or post-nuptial waiver is the only way around this.
• Unmarried with minor children: You CANNOT devise your homestead. It passes automatically to lineal descendants per stirpes.
• Unmarried, no minor children: Free to devise to anyone.

These rules are CONSTITUTIONAL -- they override your Florida will, your Florida trust, your Michigan will, and any other document. If your blended family or remarriage means you want to leave the Florida home to your kids from a prior marriage but you also have minor children with your current spouse, you cannot do it without a notarized homestead waiver from your spouse.

Power of Attorney: Where Florida Says No

This is the trap that hits the most Michigan snowbirds. The Michigan durable power of attorney is highly flexible -- you can use "springing" language (effective only on incapacity), broad "blanket" grants, and the document can be signed in front of a notary OR two witnesses.

Florida is the opposite. Per the Couzens guide: "In Michigan, the DPA can be 'springing,' meaning that it only comes into effect upon the incapacity of the principal. In contrast, Florida does not allow for such springing powers, and DPAs in Florida are effective upon signing." Florida also rejects "blanket" language. Florida only honors enumerated, specific powers, and certain "superpowers" (changing the principal's estate plan, gifting, creating trusts) must be initialed individually.

Practical implication: your Michigan springing DPA may not work for Florida banks, hospitals, or real estate transactions. If you have a Florida property and want your agent to be able to handle Florida business, execute a Florida-specific DPA in addition to your Michigan one.

Healthcare Documents

Michigan calls it a "Patient Advocate Designation." Florida calls it a "Designation of Health Care Surrogate." The functions are similar but the procedures are different:

• Michigan: Two witnesses required, neither the patient advocate, at least one not a presumptive heir. (See our Michigan incapacity planning guide.)
• Florida: Two witnesses required, neither the healthcare surrogate, one cannot be a spouse or blood relative.
• Incapacity trigger: Michigan requires TWO physicians to certify incapacity for healthcare decisions. Florida requires ONE.

Best practice for serious Michigan-Florida snowbirds: execute parallel documents in both states. A hospital in Naples may decline to honor a Michigan Patient Advocate Designation if it does not look like the Florida statutory form. Same fix for Michigan hospitals seeing a Florida healthcare surrogate.

Wills: Florida Will Not Honor a Michigan Holographic Will

This is the biggest single risk for snowbirds. Michigan accepts holographic wills (handwritten, dated, signed, no witnesses required) under MCL 700.2502. Florida does NOT. Per Couzens: "Florida also does not recognize an unwitnessed Will executed in the decedent's own handwriting (a 'Holographic Will'), even if validly executed in a state where such Wills are recognized." If your Michigan holographic will is your only estate document and you die domiciled in Florida, the Florida probate court will treat you as having died intestate.

Other Florida will quirks:

• Personal representative restrictions: Florida limits who can serve as your personal representative. A non-resident can serve only if they are a descendant, ancestor, spouse, sibling, niece/nephew (or their spouse), aunt/uncle, or the spouse of one. Michigan has no such restriction.
• Self-proving affidavit: Florida wills should include a notarized self-proving affidavit so the will can be admitted to probate without bringing the witnesses to court.
• Two witnesses required: Florida requires two adult witnesses present at the signing -- no holographic exception.

Real Estate: The Ancillary-Probate Trap

If you own real estate in BOTH Michigan and Florida and you die without proper planning, your heirs will likely end up in TWO probate courts -- your primary (domicile) state and a separate ancillary probate in the other state. Each costs thousands of dollars and takes months.

The fixes:

• Florida Lady Bird deed. Florida is one of the original Lady Bird deed states and the deeds work the same way they do in Michigan. Record a Lady Bird deed on the Florida property naming your spouse or children as remainder beneficiaries. (See our Michigan Lady Bird deed guide -- the Florida version uses different statutory language but the same concept.)
• Revocable living trust. Transfer both properties into a single revocable trust. The trust spans both states; the trustee can sell or distribute either property at death without probate in either jurisdiction.
• Joint tenancy with rights of survivorship. If you are married and both spouses are healthy, holding both properties as JTWROS automatically passes the property to the survivor without probate. (Note: Florida has "tenancy by the entirety" for married couples, which adds creditor protection.)

The biggest avoidable mistake: doing nothing. The default rule is ancillary probate, and it is expensive. A 30-minute Lady Bird deed recording in Florida costs about $20-$40 and saves $5,000+ in probate fees.

Your DIY Snowbird Checklist

If you split time between Michigan and Florida, take an afternoon and work through this list:

1. Decide your domicile. Run the income tax math; consider the Florida homestead protections; pick one state.
2. Update your principal residence exemption. If you go Florida-domiciled, rescind your Michigan PRE in writing AND file for Florida homestead. Never claim both -- it is a Michigan misdemeanor.
3. Execute the right will. If Michigan-domiciled, a Michigan will (with witnesses) works in both states. If Florida-domiciled, you need a Florida will -- and never rely on a Michigan-style holographic backup.
4. Sign parallel powers of attorney. Florida DPA for Florida assets/banks, Michigan DPA for Michigan assets/banks. Florida requires enumerated powers and effective-on-signing; Michigan can be springing.
5. Sign parallel healthcare documents. Michigan Patient Advocate Designation for Michigan hospitals; Florida Designation of Health Care Surrogate for Florida hospitals.
6. Plan for real estate in both states. Lady Bird deeds in both states, or a revocable trust holding both properties.
7. Update beneficiary designations. Your retirement accounts, life insurance, and POD/TOD designations do not change just because you cross state lines -- but review them when you switch domicile to make sure the math still works in the new state. (See our 401(k) and IRA beneficiary guide.)
8. Keep good records. Calendar your days in each state. Save receipts and travel records. If a state ever audits your domicile claim, the 183-day count is the first question they ask.

Frequently Asked Questions

Can I have estate planning documents in both Michigan and Florida?

Yes. Many snowbirds execute parallel documents -- a Michigan will and Florida will, a Michigan DPA and Florida DPA, etc. Make sure each one is consistent and that the later-dated document does not accidentally revoke the earlier one through generic "I revoke all prior wills" language.

How does the 183-day rule actually work for snowbirds?

Most states (including both Michigan and Florida) treat 183+ days as the threshold for resident-for-tax-purposes status. Keep a calendar. Spending 184 days in Florida and 181 in Michigan generally makes Florida your domicile if you also took the supporting steps (driver's license, voter registration, etc.).

Will Florida accept my Michigan holographic will?

No. Florida requires two witnesses for any will to be valid, regardless of where it was signed. A Michigan holographic will is unenforceable in Florida probate. If you may die domiciled in Florida, execute a witnessed will.

Does Michigan have an estate tax for snowbirds?

No. Michigan has no state estate tax. Neither does Florida. The federal estate tax exemption is $15 million per person in 2026 -- well above almost every snowbird's net worth. (See our Michigan estate tax 2026 guide.)

Can my non-Florida-resident kid serve as my Florida personal representative?

Only if they are a descendant, ancestor, spouse, sibling, niece/nephew (or their spouse), or aunt/uncle. A non-relative cannot serve as your Florida PR if they live outside Florida. Michigan has no such restriction.

What about taxes on inherited IRAs?

Same federal income tax in either state. But Michigan adds 4.25% state income tax to distributions; Florida adds 0%. Heirs who themselves are Florida residents pay less state tax on inherited retirement distributions than Michigan-resident heirs.

If I sell my Michigan home and move to Florida, do I still need a Michigan estate plan?

If you have no remaining Michigan assets and your domicile is Florida, your estate plan should be entirely Florida-based. Keep your Michigan will only as a backup if there is any chance you would relocate or die during a visit.

What is "ancillary probate" and why should I avoid it?

If you die in your domicile state but own real estate in another state, the other state requires a separate probate proceeding called ancillary probate to transfer the property. It costs $2,000-$5,000 in addition to your primary probate. Lady Bird deeds, trusts, or joint ownership avoid it entirely.

Does Florida recognize my Michigan Lady Bird deed?

The deed governs Michigan real estate, so Florida does not need to recognize it. But you need a SEPARATE Florida Lady Bird deed for your Florida home -- Michigan's deed does not affect Florida property.

What is the cheapest way to handle a Florida condo in my Michigan estate plan?

Record a Florida Lady Bird deed (about $20-$40 at the Florida county clerk) naming your spouse or children as remainder beneficiaries. The property avoids both Florida probate and the Florida homestead devise restrictions because no present transfer occurs.

Build the Snowbird-Proof Plan

Most Michigan-to-Florida snowbirds need at minimum a Michigan will (or Florida will if domiciled there), parallel powers of attorney, parallel healthcare documents, and a Lady Bird deed in each state where you own real estate. The CreateMIWill Will Kit covers your Michigan documents at $89. For your Florida-specific documents, you'll either need a Florida-licensed attorney or a Florida DIY kit (we do not currently offer one), but having the Michigan side dialed in is half the battle.