My Dad recently died with 4k (land in Florida and 4k (cars, cash ) in New York. It is an insolvent estate and any money received will be used to pay some debts. I'm trying to not have to do traditional probate in NY because of time/costs. I was told by a clerk at NY court, I have to do traditional probate in NY to do ancillary probate in Florida even though there are little assets. Is that correct? Any way around it? I live in CA and trying to make this process as easy as possible. I am next of kin and executor in his will and my sister and I are is sole heirs. Thanks!
I don't know about traditional probate in NY if you are going to do ancillary administration, but since ancillary administration requires exemplified copies of the domiciliary estate documents, this may be the only way you can get what is needed for ancillary administration. Some Florida judges will not accept summary ancillary administration - they require full formal administration. It is generally easy to transfer cars without administration. Have you talked with a Florida attorney in the county where the land is located to see if you can open the estate in Florida?
Was he a resident in New York? That has a lot to do with where the primary probate should occur. If land is worth only $4,000, (and the creditors of the estate are paid off before you file in Florida, you can do a summary administration here. First lesson of pro se (non-attorney) legal filings is don't rely on a Clerk for advice. They are often wrong. If this was a full blown estate proceeding in Florida, that might be the case, but for a summary, the court will probably accept exemplified copies of the will and the court orders (if any) from the NY small estate proceeding and then issue an Order of Summary Admin, if you and your sister sign the Ancillary Petition. With Summary no executor is appointed, so there should be no need for a formal admin in NY. It would, however be best for you to at least review the probate pleadings you intend to file in Florida with a Florida lawyer before you file them. That should not involve much money, but can help avoid problems that might need to be corrected and delay if your attempt to prepare a Florida Summary Administration petition and proposed Orders have errors in them.
Where was your father a resident when he passed - New York or Florida? The answer will dictate where the primary probate case will need to be filed. Please consult with an attorney rather than a court clerk, in order to obtain more reliable and accurate assistance. In Florida, if all creditors are paid, the estate is insolvent and there is land, you should be able to file a petition for summary administration, which is a fairly expedited process. However, again, it is recommended that you consult with an attorney in the state of your father's residence for assistance with the best avenue for you to pursue.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline