For most property, the state in which you reside has jurisdiction over that property, and it will be administered according to the laws of that state. However, real property falls under the laws of the state in which it is located. This means that real property must be administered in the state in which it exists in an ancillary administration. So, if an individual owns any real property outside of their state of residence, there will need to be a probate administration in the state of residence (domiciliary administration) and all other states where real property was owned (ancillary administration).
Probate administration can be expensive and time consuming. Multiple probates are worse. Further, the laws of the state where the real property is located will control its distribution unless you have indicated otherwise. These situations can largely be avoided by using a living revocable trust.
Contact us today to learn more about this or any other Florida Probate issues.
