Here in the Northeast it’s getting colder. This means it’s snowbird migration season. But there are estate planning implications to residing in multiple jurisdictions. That is, in addition to leaving the rest us to shovel.



One of the potential issues that snowbirds face is the possibility of having probate court proceedings in more than one state. While probate is intended to ensure the right people get funds and property and creditors are paid properly, the fact is, no one really wants assets to go into probate in one state, never mind two or three. It’s costly, time-consuming and makes what should be a private affair, a matter of public record. While it’s not pleasant, it can be avoided with proper planning.

So whether your second house is a beach house in Naples, a ski chalet in Vail or a rustic cabin in Maine, the truth of the matter is that unless it is titled in certain way, at the owner’s death, it will go through the probate court in the state of its location—even if the person’s primary residence as well as all their other assets are subject to the probate court jurisdiction of another state.

Although, many married couples often avoid probate at the first spouse’s death by holding assets jointly (even though sometimes that creates other problems by doing so) when a surviving spouse passes, probate will come into play unless they had done planning in advance. One solution is to establish trusts, and fund them during life. This includes the second home in another state.  If done properly, probate can be avoided in all states where one owns property.

Because assets and priorities evolve, reassessing your estate-planning needs from time to time is a great way to keep in control of your estate, as well as who benefits from it in at your passing.

And to those of you reading this from Florida, I’ve finished making my point. Now, feel free to go back to playing golf and making me jealous.