How do I transfer Florida Real Estate of Deceased Non-Resident?

Unfortunately, probate.

There are various procedures to transfer a decedent’s Florida real estate to the surviving spouse, beneficiaries of domicile estate depending on: (1) the value of the real estate, (2) the amount of time since death, and (3) if domiciliary proceedings have occurred.  Florida law provides simplified probate in several incidences of ancillary administration.

If the decedent died with a will and less than $50,000.00 in Florida assets, the foreign Personal Representative (appointed in the state of domicile) may petition the Florida court to admit the foreign will to probate in Florida with a authenticated transcript of the domicile probate record.  Publication to creditors is optional. F.S. 734.1025

Ancillary summary administration is available for intestate estates (no will) if the Florida assets are less than $75,000.00. Florida Probate Rule 5.470 states:

(a) Petition. The petition for ancillary letters shall include an authenticated copy of so much of the domiciliary proceedings as will show:

(1) for a testate estate the will, petition for probate, order admitting the will to probate, and authority of the personal representative; or

(2) for an intestate estate the petition for administration and authority of the personal representative to act.

(b) Notice. Before ancillary letters shall be issued to any person, formal notice shall be given to:

(1) all known persons qualified to act as ancillary personal representative and whose entitlement to preference of appointment is equal to or greater than petitioner’s and who have not waived notice or joined in the petition; and

(2) all domiciliary personal representatives who have not waived notice or joined in the petition.

(c) Probate of Will. On filing the authenticated copy of a will, the court shall determine whether the will complies with Florida law to entitle it to probate. If it does comply, the court shall admit the will to probate.

Call Neilson Law today to determine the right probate procedure!

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July 2024