David Howard Goldberg, P.L.

Do you know where to open probate proceedings?

From the moment a loved one passes, an executor has a great deal of responsibility to take on. The tasks that need handling are not always easy, and you may even experience complications when it comes to opening a probate in the correct location.

When settling a loved one's final affairs, you cannot open a probate in any location that suits you. This means that if you live in another state, you may need to travel to Florida in order to close your loved one's estate.

Where does probate open?

In some cases, the location of probate is relatively straightforward. If your loved one lived and held all of his or her assets within the same county, the probate process will open in that county. If the person lived in one county but held tangible property in a different county within the same state, you may still open probate proceedings in your loved one's county of residence. However, rules regarding this particular scenario vary from state to state, so it is wise to ensure that you understand the proper procedures.

Aside from the county where your loved one lived, you may also need to look at the tangible and intangible assets. Hopefully, your loved one left you an inventory of all of his or her assets. If the majority of the estate consists of intangible assets, like bank accounts or patents, you may still open probate in the county of residence. The situation becomes more complicated with tangible assets outside the state.

What is ancillary probate?

Ancillary probate refers to a second probate case that opens in another state to address tangible assets in that state. For instance, if your loved one permanently lived in Florida, but owned other real estate in another state, you may need to open probate in that other state to address that real estate. Unfortunately for you, that means that your duties as executor become a bit more complicated.

Luckily, legal professionals can help you handle all aspects of probate proceedings. Consulting with an attorney may help you understand where to open your loved one's probate case and what steps you may need to take if he or she owned property in another state. Settling your loved one's final affairs may take time and effort, but it is necessary to ensure that his or her final wishes are followed.

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