When surviving family members need to probate Florida property from another state, it is vital to understand that, unless the personal representative is the sole interested party, they must hire a Florida probate lawyer to represent the mater in probate court.
Survivors do not have to be in Florida to probate assets, although they will need to supplement the matter with formal documentation.
For specific legal advice, speaking with a probate attorney in Florida is best. However, the information below is helpful from a general perspective.
Physical Presence Is Not a Requirement
For most probate matters, surviving families or the personal representative does not have to be physically present to probate assets in Florida. By hiring a Florida probate attorney, he or she will handle it locally while keeping the personal representative apprised of new developments.
Probate matters are generally handled by telephone, fax, and email.
If the personal representative wishes to attend probate hearings, he or she is welcome to travel to the state to do so. However, travel expenses might not be reimbursed from the estate if attendance is unnecessary.
Documents Needed to File a Florida Probate
The death of a loved requires the personal representative or surviving family members to compile and preserve a few materials to file a Florida probate. Your Florida probate lawyer will advise clients on what they specifically need to move forward with the process.
Survivors will need to provide:
- Certified copies of birth and death certificates
- The full, legal name of the decedent
- Social security number
- Financial statements and account numbers
- Copies of wills or estate planning documents
If a revocable or irrevocable living trust is in place, it is unlikely that the estate will have to go through probate. The only exception is if assets are left out of the estate that needs to be probated into the living trust, which is discussed in the next section.
Hiring a Florida Probate Lawyer Is a General Requirement
In almost every probate matter, the personal representative must hire a Florida probate lawyer, whether or not an in-state resident. Small estates, or where the personal representative is the sole beneficiary, do not require the personal representative to hire legal counsel.
Even if the estate does not require him or her to hire a lawyer, the rules of formal administration are highly technical and can cause mistakes for less experienced filers.
Call Boyer Law Firm, PL for a Free Consultation
If your family member passed away in Florida with assets and you live out-of-state, the first step to probate assets from another state starts by hiring an experienced and reputable Florida probate lawyer.
Connect with Boyer Law Firm, PL for a free consultation by calling (407) 574-2573 or sending us a private message. Appointments are available by telephone or video conference only in light of recent world events.