Legal Question in Wills and Trusts in Florida
where to file probate
Dad died while in assisted living in one Florida county. Had been there about 5 months. Still had his condo in another Florida county. Is the county he owns his house the county to file probate in? Is the condo still his homestead?
3 Answers from Attorneys
Re: where to file probate
yes
Re: where to file probate
to expand on the previous answer, you can file probate in any county where your father owned property, or the county of his residence at his passing.
Provided no steps had been taken otherwise, the residence which was his homestead prior to his admission to the assisted living facility will still be his homestead.
Re: where to file probate
You are required to file in the county of residence (domicile). The Clerk's office will probably hold you to the county listed on the death certificate as the county of residence. You could file an affidavit explaining that the death certificate is incorrect in that regard if you wish to file in the other county. However, if you wish to claim that the home was his homestead, you would need to file in the county where that property is located.
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