We Will Guide You Through Out of State Probate
Probating Florida Property from Out of State
If you own real estate in more than one state, more than one probate proceeding may be needed because real estate is governed by the law of the state in which it is physically located, not where the owner of the property resides.
For instance, Thomas is a resident of Florida, he lives and owns property in DeLand. Tom also owns a villa with his wife in North Carolina. Thomas passes away and the vacation villa belongs to his surviving wife alone. After her death, a probate court proceeding in the state of North Carolina will be needed before the villa can be transferred to Tom’s daughter.
Probate in a second or third state is called ancillary probate and for the personal representative of the decedent’s estate, it means more expense and time to manage the assets.
Probate is started in the decedent’s state of residence because it is where the deceased person lived. A second probate court case (the ancillary probate) is conducted where the out-of-state real property is located.
Once the will is accepted by probate court in the state of residence, it should be accepted by another state without further proof (called a foreign will).
Some states offer the personal representative from other state’s the authority to file the other state’s letters and a copy of the will.
Avoid Ancillary Probate
If you want to save time and avoid the expense of an ancillary probate court proceeding after your death, you have a variety of options to consider, depending on state law, that may include:
- Owning the property with joint tenancy, or community property with right of survivorship or tenancy by the entirety.
- Placing the property in a revocable living trust.
- Record a transfer-on-death deed for the property.
Individual concerns and goals should be incorporated into an estate plan. As probate attorneys, we are very familiar with the formalities involved and can discuss all options with you.
If you are need of a probate attorney to discuss your individual case, the experienced attorneys at Taylor and Nordman, P.A. can help. We have provided business, real property, probate, and trust litigation representation throughout the state. We serve Deland, Florida and the surrounding communities. Call our office today at (386) 734-2558 to schedule a consultation.