Estate Planning

Florida Probate of Will admitted to another state.

By David M. Goldman

Sometimes it is necessary to admit a will in Florida when the original is not available because it was admitted in another state. The most common occurrence of this involves a Florida ancillary administrations. This is when the decedent lived in another state and there was an initial probate in that state, but the decedent owned real property in Florida.

In some cases, we find that the original probate was incorrect and the original administration should have been filed in Florida to protect the homestead from claims of creditors. In the case where a person who dies is a resident of Florida and their original will is admitted to probate in another state or country because of inadvertence, error, or omission. And the will is admitted in that other state prior to the Florida Probate case being filed, the certified copy of the will can be admitted to the Florida Probate case if the original could have been admitted. When this happens an authenticated copy of the will, foreign proof of the will, the foreign order or probate, and any letters issued shall be filed instead of the original will and shall be evidence of its execution and admission to foreign probate.

If you feel that a Florida homestead of assets of a Florida resident may be at risk because of an inadvertent error or mistake, Contact a Florida Probate Lawyer to discuss your situation.

Full post as published by Florida Estate Planning Lawyer Blog on November 05, 2008 (boomark / email).