My parents were residents in Fl and recently passed away. They had a home in FL & NY. Do I have to do a full probate in FL?

Asked over 1 year ago - Bradenton, FL

What do I do after probating the will in FL? How do I go about selling the home in NY? What kind of proceeding is done in NY?

Attorney answers (5)

  1. Dana Laganella Gerling

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    Contributor Level 11

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    Answered . The primary proceeding will need to take place in Florida with an ancillary administation in NY. If the only asset in Florida was a home and it was homestead property, you may be able to qualify for a Summary Administration in FL. It is likely however that because of property in both States, you will want to proceed with a Formal Administration in FL to allow for the appointment of a Personal Representative to handle all of the Estate affairs.

  2. Brad Harris Milhauser

    Contributor Level 8

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    Answered . I am sorry to hear about your parents. If both homes were owned jointly then you will need to do a domicilary probate in FL and an ancillary probate in NY. Assuming there were no other assets then both probates would be for the surviving spouse. If there were assets in the individual name of the first deceased spouse then a probate for him or her may also be necessary. Once the FL probate is open and letters of administration are issued to the personal representative you can then proceed with the NY probate. I would be happy to assist you if needed as I do FL probates state-wide.

  3. Joseph Franklin Pippen Jr.

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    Answered . My colleagues have given you excellent advice.
    You will need two attorneys to assist you-first in FLORIDA-then NY.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  4. Betty Elaine Jones

    Contributor Level 19

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    Answered . if your parents were domicled in the state of Florida, Florida would be the where the main proceeding would take place. You will need to do a ancillary probate in New York. You most likely will have to do a Formal Administration in order to be appointed Personal Representative. You will have to be appointed PR in order to do the ancillary estate in New York. I am doing one right now with domicile in Florida and own a home in South Carolina. if you need assistance with the Florida probate and would like a free consultation, please call my office at 813-681-8383.

    Sincerely,
    B. Elaine Jones, Esq.

  5. Jonathan Craig Reed

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    Contributor Level 16

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    Answered . The preceding and correct lawyer answers illustrate the rule that real estate must always be probated in the state where it is located.

    This can be particularly annoying with respect to timeshares which are considered real estate in Nevada. For example, a Wisconsin couple buy a Las Vegas timeshare and they remember the salesperson saying it would be a nice thing to leave to their adult children. But when they die, the kids are surprised to learn that they must do an ancillary timeshare probate in Nevada.

    Our firm does these probates for between $1175 and $1475 including government fees (but not timeshare transfer fees) but, still, this is an expense that could be avoided by including the kids on the deed or putting the timeshare in a trust if the parents have a trust.

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