Legal Question in Wills and Trusts in New York
Estates
If a person is a resident of New York State and owns property there but dies in Florida, where do you start a proceeding, New York or Florida. The only issue will be selling the real estate.
2 Answers from Attorneys
Re: Estates
When there is real property (i.e., dirt property) as a part of an estate, only a court located in the state of the property's location has jurisdiction regarding its disposition (assuming it was not in a trust, etc.). Therefore, if the property is the only issue, you will probably want to talk to someone in NY about opening a proceeding there.
Re: Estates
You will need to start a proceeding in the State of death (Florida) but you will need to do ancillary probate proceeding with respect to the property in New York.
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