If a foreign individual passes away while owning real estate, personal property, or other assets in Florida, then they must go through the Florida ancillary probate process. This process is similar to that of formal administration.
One of the differences is that the Estate is first probated in the jurisdiction where the decedent lived, whether that be another state or another country. Once that probate has begun, the decedent’s will shall be probated in the county in which he held assets in the State of Florida. Depending on how many places the decedent held assets, multiple probate proceedings may be required.
A personal representative will be chosen for the Florida ancillary probate proceedings. This individual may or may not be the personal representative (administrator, executive) of the estate in the other jurisdictions where probate proceedings are occurring.
Taxation may be an important issue in Florida ancillary administration, as there is more than one probate proceeding occurring in multiple jurisdictions. It is important to consult a Florida probate attorney who specialized in Florida ancillary probate to ensure that your estate tax issues are being properly addressed. Here at Boyer Law Firm, P.L., we work with CPAs and other professionals to ensure that this is the case.
If you own assets in Florida and another state or country, then it is that much more important to ensure that you have a properly drafted estate plan. An estate plan in another country may not qualify under Florida law. In order to ensure that your estate plan is complete and properly drafted, it is important to consult a Florida probate attorney if you own assets in Florida.