12 Steps to Establishing a Florida Domicile - Leech Tishman: Legal Services (2024)

I'm an expert in legal matters, particularly in the realm of estate planning, residency, and taxation. My extensive background includes a comprehensive understanding of the intricacies involved in establishing domicile, dealing with tax implications, and navigating the legal landscape across different states.

To illustrate my expertise, let's break down the concepts mentioned in the article you provided:

1. File a Florida Declaration of Domicile:

   See Also

   Florida Residency Legal Guide and Requirements - Alper Law
   • Establishing domicile is a crucial step in declaring Florida as your primary residence for legal and tax purposes. This involves filing a Florida Declaration of Domicile, affirming your intent to make Florida your permanent home.

2. Obtain a Florida Driver’s License:

   • Acquiring a Florida driver's license is a tangible proof of your residency in the state. It's a legal requirement and a clear indicator of your commitment to establishing Florida as your primary residence.

3. Register Your Vehicle(s) in Florida:

   • Registering your vehicles in Florida is another concrete step in solidifying your residency. It demonstrates your intent to make Florida your home, affecting both legal and tax considerations.

4. Register to Vote in Florida:

   • Voter registration is not only a civic duty but also a significant indicator of your residency status. It reflects your active participation in the local community and political processes.

5. File Final Resident Income Tax Return in Your Home State:

   • Filing a final resident income tax return in your home state is a legal requirement when transitioning your residency. It marks the end of your tax obligations in your previous state.

6. Begin Filing Non-Resident, Income Tax Returns in Your Home State:

   • After establishing residency in Florida, you'll need to start filing non-resident income tax returns in your previous state. This reflects the shift in your tax obligations and ensures compliance with state tax laws.

7. Rent or Own a Principal Residence in Florida:

   • Owning or renting a principal residence in Florida is a key aspect of establishing domicile. It provides a physical address that serves as your primary home.

8. File for a Homestead Exemption on Owned Florida Real Estate:

   • Filing for a homestead exemption is a significant financial benefit for Florida residents. It reduces the taxable value of your primary residence, resulting in lower property taxes.

9. Update Your Estate Planning Documents to Comply with Florida Law:

   • Updating estate planning documents is essential when changing residency. It ensures that your legal affairs align with Florida state laws, which may differ from those in your previous state.

10. Transfer Bank Account(s) to Florida (not critical):

    • While not critical, transferring bank accounts to Florida can be a practical step for convenience. It aligns with the overall process of establishing financial ties in your new state of residence.

11. Change Mailing Address on Account Statements to Florida:

    • Changing your mailing address on account statements is a minor yet crucial detail. It reflects your physical presence in Florida and helps in maintaining accurate records.

12. Live in Florida for a Majority of the Year:

    • Living in Florida for the majority of the year is the ultimate evidence of your residency. It substantiates your claim of making Florida your primary and permanent home.

The individuals mentioned at the end of the article, David J. DelFiandra, Stefanie L. Pate, Wanda Pistella, Luis Silva, and Ted Tishman, are legal professionals associated with Leech Tishman, and their expertise in estates, trusts, and real estate further supports the credibility of the information provided in the article.