How to Probate Property in Florida if You Live Out of State – Zoecklein Law P.A.

Florida Ancillary Probate for Out-of-State Property Owners. When someone who owns real property in Florida but lives somewhere else passes away, the process of transferring ownership of that property is known as ancillary administration.

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However, moving to another state can affect the validity of a will. While many out-of-state wills are not completely invalidated in Florida, differences in estate laws could affect the content of your will and how your property is distributed. Florida accepts any will as valid if it is valid under the law of the state in which it was executed.

Property is passed to your heirs in two ways: either outside of probate ("non-probate"), or through a court-supervised process called "probate". Property Passing Outside of Probate: In many cases you can choose your beneficiary and avoid intestacy laws. You can choose who will inherit your property in a few ways.

Yes, in almost all cases you will need a Florida Probate Lawyer. Except for "disposition without administration" (very small estates) and those estates in which the executor (personal representative) is the sole beneficiary, Florida law requires the assistance of an attorney.

The state of Florida contains some of the most detailed and strict probate procedures throughout the entire country. Under the Florida Probate Court rules, there are 160 pages devoted to just laws and procedures alone. The probate process is extremely complicated in any state, and FL probate courts make the process even more complicated.

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Florida residents who inherit property from someone who lives in a state which levies an inheritance tax may be responsible for payment. However, depending on the tax laws of the state where the deceased lived, you may not be taxed if you’re the deceased’s spouse or if you received a relatively small inheritance.

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