When a New York resident died owning property in Miami (i.e. a vacation home), an ancillary probate would need to be established with the Miami-Dade Probate Court and a probate opened with the New York Surrogate’s Court. Probate has to be established in New York first, and then you would need to provide the Miami-Dade Probate Court with certified copies of the letters testamentary and the order admitting the will and a copy of the will. If the estate was valued at more than $75,000, a formal ancillary probate will need to be filed in Florida with the Miami-Dade Probate Court. Estates valued under $75,000 can file a simpler and quicker ancillary summary probate process with the court. It takes about nine months to wind up a formal ancillary probate and about three to four months or less to wind up a summary probate.
Background: An ancillary probate is used when a resident of one state dies owning property in a another state. In order to transfer title to the beneficiaries, an ancillary probate must be opened in the county where the property is located. Also, a separate probate may need to be opened in the county of the state where the decedent resided and/or owned property.
Since Florida ancillary probate and estate matters are complicated and require knowledge of the Florida probate and estate laws, most family members or personal representatives hire a Miami probate and estate attorney to represent the estate in the Florida ancillary probate matter. An attorney will able to attend court hearings and assist with facilitating the property transfer to the rightful beneficiary or beneficiaries.
We can help you with both probate proceedings, as Albert Gurevich, Esq. is licensed both in Florida and New York. You can reach his office in Miami at (786) 522-1411 and in New York at (212) 233-1233.