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How to Probate Property in Florida if You Live Out of State – Zoecklein Law P.A.

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Florida residents who inherit property from someone who lives in a state which levies an inheritance tax may be responsible for payment. However, depending on the tax laws of the state where the deceased lived, you may not be taxed if you’re the deceased’s spouse or if you received a relatively small inheritance.

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A note about wills: Whether or not probate will be necessary, Florida law requires that anyone who has possession of a will must file it with the local circuit court within 10 days of learning of the death. If a probate court proceeding is necessary, the court will determine whether or not the will is valid.

The state of Florida contains some of the most detailed and strict probate procedures throughout the entire country. Under the Florida probate court rules, there are 160 pages devoted to just laws and procedures alone. The probate process is extremely complicated in any state, and FL probate courts make the process even more complicated.

Property is passed to your heirs in two ways: either outside of probate ("non-probate"), or through a court-supervised process called "probate". Property Passing Outside of Probate: In many cases you can choose your beneficiary and avoid intestacy laws. You can choose who will inherit your property in a few ways.

We probate estates and assist U.S. families, foreigners, and their attorneys through the entire process of both probate and ancillary probate in Florida from start to finish. Law firms from California, Texas, New York, and across the country, regularly hire us to probate property throughout Florida.

Florida Wills. A will is a legal document setting out who will be beneficiaries of your estate, how and when they receive their inheritance. Any person who is 18 years of age or older and who is of sound mind may make a will. If you do not have a will, the state determines who, if anyone, is entitled to receive your estate after your death.

Since then, she has become licensed to practice law in Connecticut, New York, and Florida. Ms. Anderson practices a wide variety of areas, including family law, Probate, and Personal Injury. Her focus.

Introduction to Wills [South Florida Law Firm -- Haimo Law] An estate may require two probate processes if the decedent lived in one state but owned real estate in Florida. The first probate will take place in the residential state, while the second will occur in Florida. Florida Statutes section 734.102 refers to ancillary probate that occurs in a nonresidential state.