Legal Question in Wills and Trusts in Florida
Is will recorded in one county acceptable in another
Is the fact that a Will probated in the state of Virgina and accepted as a ''foreign will'' and recorded in one county in the state of Florida for the purpose of transfering Florida real estate to the Virgina heirs, acceptable to a different county in the state of Florida where other real estate was owned by the decedent and left to the same heirs? What documentation, if any, has to be recorded in the other county; that is to say, can a certified copy of the admittance of the foreign will in one county be sent to the tax office of the other county to affect a change in ownership without re-recording the will in that county?
2 Answers from Attorneys
Re: Is will recorded in one county acceptable in another
The ancillary probate in a county in Florida is good for the entire state
Re: Is will recorded in one county acceptable in another
You are asking about both Virginia and Florida law, and even though I ahve worked on wills involving Florida residents and I grew up in Florida, I am only licensed in Virginia.
However, I will say with regard to Virginia law and Federal principles that if the person died as a resident of Virginia (even if they were visiting Timbuktu at the time of their death), then Virginia law controls. And every State in the nation will accept and respect Virginia's decisions about the will and probate, at least in 99.99999% of all situations.
Therefore, assuming the decedent was a resident of Virginia, every County and every State *MUST* honor Virginia's determination of whether the will is valid, who is the executor/personal representative, etc., etc.
Florida attorneys will have to tell you what documentation a Florida court will accept. But it is not discretionary as to whether any Florida county will accept Virginia's decisions, provided it is properly documented.
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