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Florida non-resident estates with Florida assets

by | Nov 13, 2014 | Estate Administration | 0 comments

Sometimes, situations arise in which a decedent who is not a resident of Florida passes away, and his or her estate owns assets in Florida. In order to allow for the inclusion of those Florida assets in the decedent’s estate, the law allows for ancillary administration of the assets by a foreign personal representative acting on behalf of the estate.

A foreign personal representative may carry out court actions in Florida concerning the property or assets after first producing authenticated copies of wills or appointment letters from any U.S. state or territory. The foreign personal representative can likewise be sued in Florida courts concerning their administration of the property.

If a nonresident decedent who dies has Florida property that is worth $50,000 or less, the foreign personal representative can file an authenticated transcript within two years of the decedent’s death with the court in the county where the property is located. The representative will need to send notices to any creditors who may have liens against the property or assets. When a foreign will that has been probated in a different state is admitted to a Florida court within two years of the testator’s death, it will allow passage of titles and interests in the property as if the will had been probated in Florida.

Many people pass away while owning assets in more than one state. Florida’s law regarding foreign personal representatives allows the decedent’s will to be enforced when dealing with Florida property during probate administration. When people own property in more than one estate, they may wish to address that fact with their estate planning attorney. By determining who will serve as a foreign personal representative for property owned in another estate, people can lessen the complexity of estate administration.

Source: The Florida Senate, “Chapter 734 Probate Code: Foreign Personal Representatives; Ancillary Administration“, November 08, 2014