Legal Question in Wills and Trusts in Florida

Re: real estate out of state

Real Estate must be probated in the state in which it lies. If your father was a Wisconsin resident, then there will have to be an ancillary probate in Florida. Florida has many simple procedures, and your situation may fall into one of them. We usually work with a Florida attorney in such situations. Good Luck!

Re: real estate out of state

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Real estate is governed by the laws of the State in which it is located. Only a court in the State where the property is located has jurisdiction over the real property.

As a result, when a person passes away and an estate is filed, if there is real property in another state, an anciliary estate must be filed to deal with the real property located in that state. An anciliary estate is a simplified proceeding, however, and should not be time consuming or very costly. You will need a Florida attorney to handle the estate.

Scott R. Jay, Esq.

Re: real estate out of state

Long story short is, your WI lawyer is correct. The reason is, a Wisconsin court can't do anything with real property located in Florida; you need to take it in front of a Florida court. Depending on the exact circumstances, there may be more than one way to probate it in Florida, but one way or another you are going to have to take it in front of a Florida probate judge.

Re: real estate out of state

Your WI attorney needs to consult with me regarding this matter. I handle probate and property issues on a daily basis and should be able to provide the assistance you need.

It is not likely that a full probate in Florida will be needed.

Have your attorney call me today.

Re: real estate out of state

Retain Flor. counsel where the property is located. Good luck.

Re: real estate out of state

Real property must be probated in the State where it is located. Your WI attorney could probably handle preparing some sort of agreement among the heirs, but you will have to have a Florida attorney handle the probate. The Florida attorney need not be in the county where the property is located, but I recommend you shop around, as the fees we attorneys charge vary considerably.