Ocala, FL asked in Probate for Florida

Q: Mom lived & passed in FL but owned land sold in SD under an installment method. Do we file probate in FL, SD or both

She was a resident in Marion Co for 1 1/2 years. When she passed away only 3 years of the 9 year installment contract was paid. I have a SD attorney and he said I do not need to do the probate in FL only in SD. Is this correct?

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3 Lawyer Answers
Lauren Nagel Richardson
Lauren Nagel Richardson
PREMIUM
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: If there are no assets to be probated in Florida, then yes, you should only need to open a probate estate in South Dakota.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Probate Lawyer
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: If your mom did not have any assets located in Florida, you would not need to file a Florida probate.

Gregory Herman-Giddens
Gregory Herman-Giddens
Answered
  • Probate Lawyer
  • Naples, FL
  • Licensed in Florida

A: Since she was a Florida resident, and a promissory note is intangible personal property, her estate should be opened in Florida. If she sold land subject to an installment sale, she does not own the land - she would just have a note and mortgage.

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