By Chuck Roulet, Attorney · Licensed in Florida and Minnesota
Short answer: Often, yes. If you own real estate in both states in your own name and have only a will, your family may face two probates, one in each state. A properly funded trust can hold property in both states and avoid both.
Why Two Homes Can Mean Two Court Cases
Probate happens in the state where real estate sits. If you live in Florida and own a Minnesota cabin, your family may need a main probate in Florida and a second one, called an ancillary probate, in Minnesota. The reverse is true if you live in Minnesota and own a Florida condo.
Two probates usually mean two courts, two sets of filings, and often two attorneys, because each state’s court requires a lawyer licensed there. That adds time and cost for your family.
Why Deeds Alone Don’t Solve It
Some families try to avoid probate with deeds instead of a trust. The problem is that each state has its own tools. Minnesota has a transfer on death deed. Florida does not, and uses a Lady Bird deed instead. That means two different deeds under two different sets of rules, with nothing tying them to the rest of your plan.
And neither deed helps if you become incapacitated, protects a child’s inheritance from divorce or creditors, or handles a child who dies before you.
How a Trust Handles Both States
A revocable trust can own real estate in Minnesota and Florida at the same time. When you die, your successor trustee handles both properties under one set of instructions, with no probate in either state.
It only works if the trust is funded, meaning each property is actually deeded into the trust. And it should be written to keep your Florida homestead protection. A trust drafted in Minnesota years ago may need a review once Florida becomes home.
Get the Snowbird Guide
If you split your time between Minnesota and Florida, or you’re planning the move, download my free guide, The Florida Snowbird Guide.
Watch the Video
I explain this in my video “Is Getting a Trust a HUGE Mistake? What I’ve Learned After 30 Years”
Read the full article: Is Getting a Trust a Huge Mistake? What I’ve Learned After 30 Years
As one of very few attorneys licensed in both states, I help Minnesota and Florida families plan for both. Schedule a consultation at Rouletlaw.com. Minnesota: 763-420-5087. Florida: 941-909-4644 or fill out the contact form on this page.
About the Author
Chuck Roulet is the founding attorney of Roulet Law Firm, P.A., with offices in Minnetonka, Minnesota and Venice, Florida. He has practiced estate planning and elder law for nearly 30 years and is one of very few attorneys licensed in both Minnesota and Florida. Chuck has trained more than 35,000 attorneys and financial professionals as a continuing education speaker and is the author of three books, including The Florida Snowbird Guide. Florida: 941-909-4644 · Minnesota: 763-420-5087 · rouletlaw.com
This page is general information, not legal advice. Reading it does not create an attorney-client relationship.
