International and Domestic Probate Administration

Probate administration is governed by the law of the jurisdiction within which the probate assets are located. In Florida, probate proceedings are opened in the county where the decedent resided at the time of death. Sometimes, however, the decedent will have owned probate assets in another state. If this is the case, ancillary administration is necessary.

What happens under ancillary administration?

Under ancillary administration, a probate proceeding must be opened in the court of the state in which the property is located so that the applicable probate property can be administered. For instance, if Danny was a resident of Florida and died with real property located in Georgia, probate administration must be had in Florida and ancillary administration must be had in Georgia. If Danny was a resident of Georgia and died solely owning a house located in Miami, Florida, then ancillary administration must be had in Florida to administer Danny’s Miami house.

But what happens if the decedent has probate assets located in a foreign country?

The simple answer: ancillary administration must be had in the country in which the assets are located. This means that the probate laws (and estate tax laws) of that country will apply. But just as the law varies from state to state, the law varies from country to country. Similarly, each asset may require a different process of administration depending on the laws of that country.

Understandably, this can be very complicated—and dealing with more confusion is the last thing anyone will want to deal with after the loss of a loved one. It is essential to have representation knowledgeable of foreign probate, inheritance, and taxation laws who can simplify the issues and, more importantly, provide a point of contact.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask any of the Attorneys at Trust Counsel to send you free written information about our qualifications and experience. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Trust Counsel, PL

201 Alhambra Circle, Suite 802
Coral Gables, FL 33134
Phone: (305) 707-7126
Fax: 305-397-2277
Hours: Monday-Friday 9am - 6pm

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