Ancillary Probate: When a Non-Resident Owns a Vacation Home in Florida

Florida is the vacation home capital of the world. But what happens when a resident of another state (like Georgia, New York, or Michigan) passes away while owning a condo or vacation house in Florida?

The result is often two probates: one in their home state, and a second one here in Florida. This second process is called Ancillary Probate.

Why Two Probates?

Probate courts only have jurisdiction over property within their state lines. A New York court can distribute a New York bank account, but it cannot sign a deed transferring a condo in Miami Beach. Only a Florida court can do that.

How We Help “Foreign” Personal Representatives

If you have already started probate in the decedent’s home state, we can work with your local attorney to open the Ancillary Probate in Florida. We use the credentials you established in the home state (called “domiciliary proceedings”) to fast-track the authority you need here.

Our goal is to ensure the Florida property is legally transferred to the beneficiaries or sold as quickly as possible, so you aren’t stuck paying HOA fees and taxes on an empty property.

Inherited a property in Florida but live elsewhere? Let us handle the Florida leg of the legal journey. Contact Alexander Gil, PLLC today.

Related posts:

  1. Can You Sell a House During the Probate Process?
  2. How Are Real Estate Properties Handled in Probate?
  3. When is Probate Necessary in Florida?
  4. Featured Article: Adapting to the Outbreak Environment

Author Bio

Alexander Gil was admitted to the Florida Bar in September of 2014. His focus is primarily in the areas of estate planning, special needs planning, asset protection planning, guardianship administration, and probate administration.

Alexander graduated Magna Cum Laude from the University of Miami School of Law in 2014. In addition to his law degree, Alexander earned a Masters in Taxation from the University of Miami School of Law Joint Degree Program. He was a Staff Editor for the Inter-American Law Review.

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