Winter Park, FL asked in Probate for Florida

Q: Can a person who lived, owned property and died in NC file probate in FL?

Does not own any property in FL

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Probate Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: No. The personal representative would file in the state of the decedent's domicile (which would often also be the decedent's residence). In your example it would be North Carolina.

I am assuming you ask this because you wish to file a probate petition with respect to a North Carolina decedent and you are in Florida. It may be possible to do that there without actually traveling to North Carolina, but if that state is similar to Florida there are restrictions: with certain exceptions a PR has to reside in Florida. Check with a N.C. attorney to see if you can file there.

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