Domicile Determination and Multi-State Probate Problems Families Don’t Anticipate
When someone who lives in Florida dies while traveling, staying with family, receiving medical care out of state, or spending time at a second home, families often assume the death location controls probate. It doesn’t.
For probate purposes, what matters isn’t where the person died — it’s where they were legally domiciled. And when domicile is unclear, messy conflicts arise between states, courts, creditors, and heirs. Multi-state estates can become long, expensive, and emotionally draining if handled incorrectly.
Here’s how probate attorneys unravel domicile disputes and coordinate multi-state administration when a Florida resident dies elsewhere.
The Key Question: Where Was the Decedent Legally Domiciled?
Domicile is a person’s true, fixed, permanent home — the place they intend to return to, even if they’re temporarily somewhere else.
Florida courts look at intent, not convenience.
A decedent may die in:
- New York during medical treatment
- Georgia while visiting a child
- California while on vacation
- Europe while traveling
- A second home in Michigan
None of these change domicile unless the person genuinely intended to relocate permanently.
Florida judges weigh factors like:
- Address used on tax returns
- Florida driver’s license or ID
- Voter registration
- Declaration of domicile filed in Florida
- Homestead exemption
- Where primary doctors are located
- Location of personal property
- Statements to family about long-term plans
Dying outside Florida doesn’t automatically shift domicile — but inconsistent paperwork absolutely does.
Why Domicile Matters So Much
Domicile determines:
- Which state runs primary probate
- Which laws apply to property rights
- Tax obligations
- Eligibility for Florida homestead protections
- Who inherits non-probate property
- Whether other states must open ancillary probate
If a family misidentifies domicile, everything from real estate transfers to creditor claims can collapse later.
When Florida Has Primary Probate Jurisdiction
Florida takes jurisdiction when the decedent was domiciled here, even if they died:
- In another state
- In another country
- In a hospital far from home
- With adult children out of state
In these cases, the Florida probate court opens the primary estate administration, and other states handle ancillary probate if the decedent owned property there.
When Another State Takes Primary Jurisdiction
Another state controls probate only if the decedent legitimately changed domicile, meaning:
- They canceled their Florida homestead
- They obtained a new driver’s license
- They voted in their new state
- They moved key personal property
- They intended to make the new state their home indefinitely
If the person died during a “temporary stay,” Florida still wins jurisdiction.
If they died during a permanent relocation, the new state wins.
Most families blur these lines — which is why attorneys dig deep before filing.
Multi-State Probate: How It Actually Works
When a Florida resident owns property elsewhere, probate typically happens in two places:
1. Primary probate in Florida
This handles:
- Personal property
- Bank accounts
- Vehicles
- Florida real estate
- Creditor claims
- Distribution of most assets
2. Ancillary probate in the other state(s)
Required for property such as:
- Out-of-state real estate
- Timeshares
- Certain mineral or timber rights
- Boats or vehicles titled elsewhere
Each state controls property within its borders — no exception.
Complications When Domicile Is Disputed
Attorneys face these problems constantly:
1. Competing probate filings
One family member files in Florida, another files in New York.
Courts then battle over jurisdiction — predictable, expensive, and avoidable.
2. Conflicting wills
A will stored in Florida states Florida domicile; a will found elsewhere states differently.
The court must determine which reflects the decedent’s true intent.
3. Homestead protection disputes
Florida homestead exemption applies only to Florida domiciled residents.
If domicile is challenged, a multi-million-dollar property may lose its creditor protection.
4. Creditor confusion
Creditors in multiple states may file claims in the wrong jurisdiction or miss deadlines.
This creates fertile ground for litigation.
Real-World Example
A Florida retiree owned:
- A Miami condo (homestead)
- A cabin in North Carolina
- Brokerage accounts in Florida
- Two vehicles registered in Florida
He died in North Carolina while staying with his son for cancer treatment.
The son tried to open probate in NC, claiming the father “lived with him.”
But evidence showed:
- Florida driver’s license
- Florida voter registration
- Florida homestead exemption
- Florida-based physicians
- Statements that he planned to return after treatment
The court ruled Florida was the correct domicile.
Primary probate took place in Miami; an ancillary probate was opened in NC only to transfer the cabin.
Without legal intervention, the estate would have been administered incorrectly — leading to wrongful distributions and potential lawsuits.
What Probate Attorneys Do in Multi-State Cases
A skilled attorney:
- Investigates domicile evidence immediately
- Secures property records from all states
- Obtains death certificates acceptable to multiple jurisdictions
- Coordinates with out-of-state attorneys
- Manages ancillary probate filings
- Protects Florida homestead rights
- Ensures compliance with competing creditor timelines
- Ensures beneficiary distributions are legally valid everywhere
This isn’t optional — multi-state estates collapse without coordination.
When DIY Probate Is Dangerous
Trying to handle a multi-state estate yourself is reckless. You risk:
- Filing in the wrong state
- Losing homestead protection
- Triggering unnecessary tax obligations
- Missing deadlines in other states
- Invalidating transfers of out-of-state real estate
- Getting sued by beneficiaries for mishandling jurisdiction
Multi-state estates are litigation magnets when handled incorrectly.
Takeaways
- Dying outside Florida does not determine probate jurisdiction. Domicile does.
- Florida keeps primary control if the decedent intended Florida as their permanent home.
- Out-of-state property requires ancillary probate — always.
- Conflicting domicile evidence leads to costly legal disputes and delays.
- Probate attorneys coordinate multi-state filings, protect homestead rights, and prevent jurisdiction mistakes that can invalidate the estate.
