Probate Lawyer in Pembroke Park
Pembroke Park, Florida is a municipality in Broward County. It took its name from its position along Pembroke Road. As of the 2010 census, 6,102 people inhabited there. Pembroke Park is part of the South Florida urban region, in which 5,564,635 people inhabited at the 2010 census. Nearly fifty percent of its residents inhabit mobile homes.
Florida Probate Procedure for Florida and Non-Florida Residents
Probate administration in Florida is a procedure managed by the court that is needed for spotting and collecting the probate assets of a person who has passed away, normally cited as the deceased person. The court probate procedure guarantees that claims of the deceased person’s creditors, administrative costs, and suitable taxes are appropriately paid or handled. Probate also functions as the procedure of dispensing assets from the individual name of the deceased person to the appropriate recipient.
If the deceased person leaves a legal will, it must be presented to probate in the Court. If the will is not presented, it will be useless to give title to the inheritors. If the deceased person has no will, probate is needed to give ownership of the assets to those individuals who are to obtain them according to the Florida Intestate Succession laws.
When a non-Florida resident possesses Florida property and dies, the property is put through Florida probate laws and regulations, which must be overseen by a Florida court in the county or judicial circuit where the property is situated. In order to give the Florida property like the Florida residence or empty land to the legal inheritors, a Florida probate action is needed. This action is appropriately called ancillary probate administration. For instance, if an individual who resides in New Jersey possesses a second home in Broward County, and dies, the disposition of that property is put through Florida probate laws, regulations, and procedure.
What is Ancillary Probate Administration in Florida?
In Florida, ancillary probate administration is the procedure utilized when a non-Florida resident passes away possessing Florida real estate, as is the case with most non-Florida residents who possess a second home, vacation home, empty lot, or timeshare in Broward County or somewhere else in Florida and probate proceedings have already started in the deceased person’s residential state. In order to give the Broward County property to the inheritors, a probate action in Florida is needed to be started. Ancillary probate administration in Florida normally starts while the probate action in the state of the deceased person’s main residence is dealt with.
It is imperative to keep in mind that ancillary administration is relevant only to assets of a deceased person’s probate estate, not creditors. Therefore, if a deceased person is indebted money to a Florida or non-Florida creditor, that creditor can still file claims in both the primary probate case in accordance with the specific state’s law, or in the ancillary administration. However, if a deceased person does not possess Florida property, but is indebted money to Florida creditors, it is unnecessary for an ancillary administration in Florida.