When someone passes away with assets in Florida and other states, it complicates the probate process. Florida handles out-of-state assets in different ways, depending on whether those assets are real estate or personal property.
Probate for real estate in other states
When the deceased owns real estate in another state, Florida probate does not cover the property. The estate must go through a separate probate process in the state where the property is located, called ancillary probate. Each state enforces its own property ownership laws, which apply to property in that state.
The personal representative in Florida collaborates with a local probate court in the state where the real estate is located to resolve the matter. Although this may seem complicated, it ensures the property title transfers correctly to the rightful heirs.
Handling personal property in other states
Personal property, such as bank accounts, vehicles, or business interests located in other states, usually gets handled through Florida probate. The personal representative works with the court in Florida to ensure that these assets distribute properly. However, the process may require additional paperwork and coordination with financial institutions or other agencies in the state where the assets are located.
Considerations for out-of-state assets
Out-of-state assets may require extra attention, especially if complications like foreign bank accounts or a business based in another state arise. The personal representative should ensure that any debts related to those assets get paid before distributing them to heirs. These issues can sometimes delay the probate process.
While handling out-of-state assets adds complexity to the probate process, understanding the necessary steps and working with probate courts in multiple states can help resolve the issue smoothly.