Q: Do I need to probate my father's will in FL if he had land in FL, but was a GA resident the last 3 years of his life?
I probated his will in GA and thought I was through, but when I went to FL to inquire about transferring the property to my name (everything was left to me in his will), they said I needed to probate the will in FL. GA said since he was a GA resident I didn't have to. He and I bought a house jointly here in GA, so he had property in GA.
A: If your father owned nothing in Georgia, even though he lived here, you do not need to probate the will in GA. You will need to probate the will in Florida. The distinction is primary probate versus ancillary probate. Since you probated his will in Georgia, you already have primary probate underway. You now need to apply in Florida for ancillary probate. You will do that in the county where the land, or at least one parcel is located. You will need certified copies of all of your Georgia probate documents to give to the Florida probate Court.
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A: The law of the state where real property (i.e., land) is located applies to the transfer of a decedent's interest in such property. If the land is located in Florida, then the requirements of Florida law must be satisfied. It is my understanding that generally an ancillary probate proceeding in Florida would be required to transfer land in Florida, and there are only limited circumstances when an ancillary probate proceeding is not required. I recommend that you consult with a Florida probate attorney.
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