Florida Attorney For Out-of-State Probate Issues
It is quite common for out-of-state residents to own vacation homes, condos, or even empty lots with the intention of building a home in Florida due to its ideal weather year-round. However, when a non-Florida resident dies and owns assets located in Florida, a second probate court proceeding is necessary in the state where the property is located. In Florida, nearly all forms of probate require an attorney, so it is important to seek one who is experienced and knows how to collaborate with other out-of-state attorneys. Florida has frequent ancillary probate cases due to the large number of snowbirds who own property there for the winter months. The Law Office of Silverman, Mack & Associates, a Florida probate law firm, is well acquainted with ancillary probate and can provide the representation you need.
What is Ancillary Probate & When is it Necessary?
An Ancillary Probate proceeding, or Ancillary Administration, is a procedure used in order to transfer real estate and other tangible property from a state other than the one where the decedent resided, to that decedent’s heirs. It occurs when a resident of a state dies owning real estate or other tangible property in a state other than the one he or she lived in. Real estate and other items that are physically situated in another state are governed by the probate laws of that state and thus must be handled by a probate attorney of that state. For example, if a person from New York passes away while owning a vacation home in Florida, then a New York probate court would not be able to transfer that Florida home to any heirs; it would have to be a Florida judge. So a second, separate probate proceeding would have to be conducted in the Florida courts and a Florida probate attorney would need to be hired to work along the other state’s attorneys.
Ancillary Probate Services
A regular probate proceeding can be complicated enough without having to add an ancillary proceeding. Ancillary probate can drive up court expenses, filing fees and even stall inherited property from being received by the beneficiaries. Because of this, it is important to have an in-state probate attorney who can ensure that everything runs as efficiently as possible and is completed in a timely manner. At The Law Office of Silverman, Mack & Associates, our lawyers are well acquainted with Florida probate laws and can work in conjunction with out-of-state attorneys to execute tasks such as identifying and gathering the decedent's assets, filing all necessary documents, distributing assets, and closing the estate.
Ancillary Probate Attorneys in Gainesville, FL
At The Law Office of Silverman, Mack & Associates we often work with attorneys from across the country who are tasked with overseeing the administration of an estate that includes property in Florida. Contact us today and we will provide you with a Gainesville probate lawyer to assist with the ancillary administration process required to distribute the property according to the decedent's final wishes.