Legal Question in Wills and Trusts in New York

Re: Probate without will

Probate without a Will is only necessary for individually owned property. In your case, only the Florida property requires a probate, but with some complications. As NY residents your father is entitled to be appointed as administrator of the estate (adminsitrator is the name of the person who is appointed to act for an estate when there is no Will). He applies in the County where your parents resided when your mother died. His appointment will authorize him to prepare and record a new Deed (an Executor's or Administrator's Deed) in Florida. But that is only 1/2 the story. If and when the property the property is sold in Florida, he will have to handle it again, although this can be done through the mail, and he will not actually have to go there for a closing on the sale. If he dies before the property is sold, assuming he still lives in NY or anywhere but Florida, a probate of his estate will be necessary, plus, if the property is to then be sold, a second probate in Florida, called ancillary proceedings will also be required. It is my suggestion that he consider doing one of several things: sell the property now (after the new Deed is recorded), put the children's names on the new Deed also if the property is to be sold until some time in the future and should he die in the interim (they can then sell it as surviving owners), or put the title into a living trust now, for his benefit and then the children. Then the trustee can sell the property at any time. Using the latter 2 suggestions, the property can be maintained and no second probate should be needed when the property is eventually sold.