Legal Question in Wills and Trusts in Florida

Re: lived in NY/died in NY/owned property in florida

Should be able to use Summary Administration. What needs to be done depends on there being a will, and, what the benficiaries desire to do with the property.

A Petition and Order of Summary Administration can be prepared and a tax waiver filed for the state of Florida. It won't take too long to handle. A fee should be $1500-$2000, plus costs depending on the rest of the information, and cooperation of the beneficiaries.

Re: lived in NY/died in NY/owned property in florida

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An estate should be filed where dad lived if he owned any property there. If his estate was already probated, then an anciallary estate can be filed in Miami-Dade County, Florida. If not, it can be filed under Summary Administration in Miami-Dade County. The costs will be about $250.00 for the filing fee and certified copies. An attorney's fee will vary based on the work involved although it should be only 4 - 7 hours work. I have regularly handled probates for out of town clients in similar situations.

Scott R. Jay, Esq.

Re: lived in NY/died in NY/owned property in florida

Actually, you only need to do an ancillary administration in probate court in Florida. Basically, you are just "clearing title" to the Florida property that you Dad owned. It still can be done after 2 years. You will not be able to convey that Florida property (i.e.- sell or give away) to anyone else until this ancillary administration is completed. Contact a probate attorney in the county were your Dad owned the property as soon as possible.