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How to Probate Property in Florida if You Live Out of State – Zoecklein Law P.A.

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You can think of Florida inheritance law as being in two camps. One camp includes all the rights of family members created by florida probate law. Secondly, Florida inheritances are created by the intent of a Florida resident who decides to leave money or property to you when he or she dies.

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How to prevent out-of-state probate. Even if your estate does not need to undergo probate in your home state, the estate may require ancillary administration in Florida for owned properties within the state. You may be able to prevent probate and ancillary administration through estate planning methods, such as placing the assets in a trust.

Most people understandably want to know how much probate will cost before they start the process. And if the estate is relatively small, knowing the cost of probate can help you decide whether it is worthwhile. The biggest cost in a Florida probate proceeding are usually attorneys’ fees.

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A note about wills: Whether or not probate will be necessary, Florida law requires that anyone who has possession of a will must file it with the local circuit court within 10 days of learning of the death. If a probate court proceeding is necessary, the court will determine whether or not the will is valid.

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Probate Attorney Brian Perlin Identifying the heirs to the decedent’s estate is done by applying Florida probate laws to the situation. These are the laws of "descent and distribution." We’ve discussed how they work. See: "Who Gets Your Property if You Die Without a Will in Florida? Determining Heirs Without a Will Under Florida Law" and

STATE OF FLORIDA: To: ANDRIA KEY, Address Unknown. A Petition for Termination of Parental Rights under oath has been filed in this Court regarding the above-referenced child, you are hereby.