Posted by John Merchant on September 09, 2005 at 11:11:35:
Exactly right, and I’ve seen cases where decedent owned property in several states and countries, and because of his/her lousy planning an ancillary probate had to be done in several different jurisdictions.
Sure makes it obvious that a REI who does own RE in several jurisdictions would sure be doing his heirs a huge favor to do some estate planning now while he’s alive, so as to minimize the probate costs after he’s in the ground.
Sale of Unimproved Lots, Inherited - Posted by John King
Posted by John King on September 08, 2005 at 15:42:12:
Unimproved building lots in Deltona were inherited several years ago. Title is still in the name of the deceased who was a resident of Connecticut. Estate probate was completed in Connecticut ~ 1 year after the deceased died and the lots were listed as assets. Deltona property taxes on the lots have been paid annually by the Estate.
Can the lots be sold by the Estate with title still in the name of the deceased? If not, what action needs to be taken to enable the sale?
Please note that I’m a resident of Connecticut, where the probate process was completed.
Thanks for your assistance,
Sincerely, John King
Ancillary Probate? - Posted by Jimmy
Posted by Jimmy on September 09, 2005 at 07:31:18:
The Connecticut probate court had no jurisdiction over the FL property. The executor of the CT estate will need to talk to Florida counsel. You might have a summary procedure or an affidavit procedure which would allow he property to be re-titled without the need for a probate. If not, you will need to open a Florida “Ancillary Probate.” It is a mirror-image of what you just did in CT. The only assets in the Ancillary Probate will be the real property located in the state of FL.
Re: Sale of , Inherited Lots - Posted by John Merchant
Posted by John Merchant on September 08, 2005 at 18:30:10:
Simplest and quickest way for you to get a good answer here is to ask the lawyer who represented the estate and did the probate…check the court file and you’ll find his/her identity and number.
Otherwise any local title company can quickly tell you where title is now and who would have to sign the deeds.