What happens when a person resides in another location, but owns property, such as a house, car, or other titled asset, in Florida? The personal representative will need to do ancillary administration in the county where the assets are located. However, what are the requirements for admission of a foreign will in a Florida probate case?

Procedure for admitting foreign wills in Florida

Admission of foreign wills in Florida is governed partly by section 734.104, Florida Statutes. Under section 734.104(1), Florida Statutes, “An authenticated copy of the will of a nonresident that devises real property in this state, or any right, title, or interest in the property, may be admitted to record in any county of this state where the property is located at any time after 2 years after the death of the decedent or at any time after the domiciliary personal representative has been discharged if there has been no proceeding to administer the the estate of the decedent in this state, provided: the will was executed as required by chapter 732; and the will has been admitted to probate in the proper court of any other state, territory, or county.”

The proper execution of a will is defined under section 732.502, Florida Statutes. We have also reviewed the requirements to execute a valid will in Florida. If the will is validly executed and has been admitted to probate in the court of another state, territory, or country, the will can be admitted in Florida. Under Florida Probate Rule 5.470, if the will complies with the admission requirements for admission into Florida, then the will shall be admitted into probate in Florida.

As in other probate administrations in Florida, any interested person may challenge or move for a revocation of probate of a foreign will under section 733.206, Florida Statutes. Therefore, any of the causes of action for revocation of probate for a foreign will are available to interested persons in Florida.

Contact us today to schedule a free consultation.

If you have recently lost a loved one and your loved one owned property in Florida, contact us today to schedule a free in person or phone consultation about Florida probate. It is especially important to talk to an attorney soon after your loved one passes away if your loved one owned a home with a mortgage. In any event, it is always a good decision to consult with an attorney if you have questions about probate.