Ancillary Probate Attorney in Fort Myers
Experienced Help from Our Fort Myers Probate Lawyer
Real estate is governed by the state it is within, no matter who owns it
or where they might primarily reside. It is for this reason that if a
loved one passes away in one state but solely owns property in another
state, ancillary probate must be taken into account.
Ancillary probate – sometimes called second probate – is essentially
an entirely separate probate process that specifically deals with any
out-of-state property mentioned in the decedent’s last will and
testament. This procedure is done to transfer the real estate title in
Legal Help Going Through Ancillary Probate
Going through probate once is more than enough for the executor of the
will. Having to start the process all over again, perhaps even multiple
times for the different states they held property in, can be all the more
stressful and tiring. If you have been named as the executor of a loved
one’s will and might have to go through ancillary probate,
contact Your Advocates for help today.
With one of our
Fort Myers probate attorneys, you can rest assured knowing that your case is being handled by a knowledgeable
and compassionate professional.
Understanding the Ancillary Probate Process
If a decedent owned real estate in different states at the time of death,
two probates may be required because real estate is governed by the law
in the state where it is located, not by the laws of the state where the
Other than needing the transcript of the proceedings, ancillary probate
in Florida is essentially handled in a similar manner to any regular Florida
probate. Ancillary probate can be handled as a summary probate or a formal
probate depending on the specifics of the case.
Let's say Sue is single and a resident of Buffalo, New York. She lives
and owns property in New York but she also owns a vacation home in Florida,
she's what locals call a "snowbird." Upon her death, there
will need to be a Florida probate proceeding before the vacation home
can be transferred to her daughter, who stands to inherit the property.
Addressing Concerns Regarding Ancillary Probate
More often than not, once the probate court in the decedent’s state
of residence reviews and approves the will in question, other relevant
state courts will accept it as well. They are not required to accept these
foreign wills, however, and have the right to bring it to their own state’s
probate court for review. If they do, this does not necessarily mean that
an individual is
contesting a will. Furthermore, there are benefits to ancillary probate but, for the most
part, it only takes more time, energy, and money from families and executors involved.
There are ways a testator can help loved ones avoid ancillary probate,
Shared Property: Real estate that is shared with another, even fractionally so, will not
require ancillary probate in other states. In most cases, shared property
rights will be granted to the surviving owner.
Revocable Living Trust: Should real estate rights be given to another in a revocable living trust,
that person will be able to distribute the property as they see fit upon
the testator’s passing.
Transfer-on-Death Deed: To avoid listing property in a will altogether, certain pieces of real
estate can be named in a transfer-on-death deed. Such declarations will
give sole ownership to the named party if the testator should pass away.
Retain the Services of a Fort Myers Probate Attorney Today
Any form of probate – whether it is original or ancillary –
requires careful attention and an unbroken devotion to the wishes of the
will. Most executors and family members simply cannot find the energy
necessary to devote their time to the probate process.
It is highly recommended and popular to ask a professional probate lawyer
for assistance. Our Fort Myers probate attorneys have years of experience
handling probate law, and our mission is to provide you with superior
free consultation today to see what our integrity and personalized client focus can do for
you and your probate cases. If you are an AARP member, we offer discounted
prices just for you!