Florida Probate for Non-Floridians

Florida is the land of introduced species.  Sure, it has the largest native population of crocodilians in the United States, but for every American alligator and American crocodile, you also find an array of newcomers, from reptiles such as the green iguana and Nile monitor lizard to species that strike an entirely different type of fear in one’s heart, such as the enormous, rat-like nutria and invasive plant species such as the water hyacinth and the melaleuca.  As far as the human population, most of us originate outside Florida, too, from people who immigrated to Florida from Latin America and the Caribbean early in life to seniors who moved to Florida from other states when they retired.  Florida has a way of becoming home for almost everyone; once you stay for a while, you never want to leave.  All of this is fine until someone who made Florida his or her home dies; before you can distribute the decedent’s assets in probate court, you must determine whether Florida was the decedent’s legal residence.  If you are the personal representative of the estate of someone who was in Florida but not of it, contact a Dade City probate lawyer.

Determining Whether Florida Is Your Legal Domicile

Domicile is a legal term for a person’s official home.  Only one state can be your legal domicile; your domicile is usually the state that issues your driver’s license and the one where you vote.  Many retirees spend part of the year in Florida and part of the year in another state, but only one state can be their legal domicile.  Some seniors spend long hours discussing their choice of legal domicile with their estate planning lawyers.  Many of them end up choosing Florida, because of its lack of an income tax and an  estate tax, and because of the other financial incentives it offers retirees.  If Florida is your legal domicile, then the probate courts of Florida have jurisdiction to administer your estate after you die.

Situations Where the Florida Probate Court Can Administer the Estate Even If the Decedent Was Not a Florida Resident

There are a few situations where the probate court can administer the distribution of assets that belong to a decedent whose legal domicile was not Florida.  For example, if the decedent owned assets in Florida, the Florida probate court has jurisdiction over the Florida assets only, even if the rest of the decedent’s property went through probate in another state.  Likewise, if the decedent owes debts to a creditor in Florida, that creditor can petition the probate court to open a probate case in Florida specifically for the collection of those debts.  If you are the personal representative of the estate of someone who died leaving behind unfinished business in Florida, you need a Florida probate lawyer.

Contact a Florida Estate Planning Attorney About Probate Cases

A probate attorney can help you in your capacity as personal representative of a deceased person’s estate, if the person lived in Florida only part-time or not at all.  Contact The Law Office of Laurie R. Chane in Dade City, Florida to discuss your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733.html