New York Ancillary Probate for Property in Florida

What happens when a family member passes that lives in New York and resides in New York, but also has a second home or condominium in Florida? Can the the probate estate in New York handle the property in Florida? The problem is the Court in New York does not have jurisdiction over property in Florida. What needs to be completed is a probate for property in Florida. It is ancillary to the Probate estate in New York and follows the standard probate procedures for the State of Florida.

This has to be completed in order to make sure there are no liabilities against the estate here in Florida and that the creditors have had the opportunity to present their claims. It also gives the estate to gather all the assets here in Florida. As with any probate estate in Florida, the court is petitioned to open the estate and appoint a Personal Representative (Executor in New York). This person is responsible for overseeing the affairs of the estate (i.e. garner all assets, determine liabilities, and upon proper satisfaction, distribute the remaining assets to heirs of the estate).

The process is involved and has multiple timelines and procedures that must be followed in order to properly dispose of the estate. If you have a relative that has passed and they owned property in Florida, please give my office a call. We have handled many ancillary Probate Estates from New York. It is difficult enough to have one Probate case in New York, especially under difficult circumstances. It is important to know you can count on the help you will receive and we are there for you.

If you have any questions, please give me a call. I appreciate you taking the time to stop by my website.