Legal Question in Wills and Trusts in Florida
A woman's will is probated in FL with an anciliary probate for real estate in CT. The real estate in CT is going to a different beneficiary than the rest of the estate. Are the funds within the FL probate responsible for paying the court fees and legal fees in the CT probate? Is ancilary probate considered a "cost of administration?"
2 Answers from Attorneys
Most likely yes. The Will probably even says it too. It probably says to pay all all expenses, and doesn't specify where they could come from.
I would venture to say Yes because the will ask that the property be given to the beneficiary. In order for the executor and/or personal representative to comply, then the anciliary estate must be probated to benefit the beneficiary and go by the wishes of the testatrix.
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