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However, real property in another state is subject to probate in that state even if you don’t live there. If you aren’t careful, your estate may have to go through probate in every state you have property in. To avoid multiple probate actions, you may want to use probate avoidance techniques for the property that is out of state. If your estate.
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.
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Many couples choose to make their home in Florida later in life. However, moving to another state can affect the validity of a will. While many out-of-state wills are not completely invalidated in Florida, differences in estate laws could affect the content of your will and how your property is distributed.
· In Florida, are Wills recorded? On behalf of Lins Law Group, P.A. posted in Probate on Sunday, October 27, 2013. Many times when a person dies in Florida, family members may ask whether the person’s Last Will and Testament is recorded anywhere.
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(1) If a nonresident of this state dies leaving assets in this state, credits due from residents in this state, or liens on property in this state, a personal representative specifically designated in the decedent’s will to administer the Florida property shall be entitled to have ancillary letters issued, if qualified to act in Florida.