June 16, 2017

Probate Administration For Out of State Residents

Administration in Florida of the Trust or Probate Estate of a Non-Resident Decedent

It is quite common for residents of other states or foreign countries such as Canada to own property of one kind or another in the Florida. When a non-resident of the state of Florida dies owning property located in the state of Florida, a probate administration of the estate of that decedent in the state of Florida may be necessary in order to transfer ownership of the property to the proper person.

Usually the property involved in the administration of the estate of a non-resident is real property (such as land, homes, condominiums, or timeshares) since only the state of Florida has jurisdiction over real property within its boundaries. Personal property such as bank or financial accounts owned by a non-resident may sometimes require administration in Florida as well.

What type of procedure is required will depend upon the nature of the property located in Florida (whether real or personal property), how long the decedent has been deceased, the value of the property, and whether there is a pending probate proceeding in another state or country.

Sometimes, an ancillary administration is necessary. An ancillary administration is a probate administration in the state of Florida by an executor or personal representative who has been appointed in a probate proceeding in the state of the decedent’s residence at the time of death. Other times, all that is needed is to file of record certain documents from the estate administration in the state of residence.

The Law Office of Eric S. Mashburn, P.A. is ready to assist you with the administration and transfer of property in Florida of a non-resident decedent.

Contact us to discuss your situation and learn what procedure is required.

Eric S. Mashburn