Probate For Part-Time Residents Of Florida

The stereotype goes that old people retire to Florida, and their younger relatives use their houses as free accommodations for wintertime beach vacations, but when the elderly Floridians need the help of their younger relatives, the younger relatives pretend that they are snowed in up north, even though no blizzard could keep them from making it to South Beach during winter break.  Of course, for every retiree who uses Florida as a warm weather home base for the family, there is one who travels back and forth between Florida and a colder state so frequently that no one is quite sure which state is home.  This usually does not matter until someone dies and his or her estate goes to probate.  In most cases, the family will have to gather in Florida to receive their inheritance if the decedent was a legal resident of Florida, but if not, then the probate case will be in the state that was the decedent’s legal residence.  For help figuring out matters of jurisdiction in probate cases, contact a Tampa probate lawyer.

How Can You Tell If Florida Was the Decedent’s Legal Domicile?

Some people divide their time between two or more states, but only one state is their legal domicile.  If you own houses, vehicles, and bank accounts in more than one state, which one is your legal home?  Your legal domicile is the state that issued your driver’s license or government-issued state ID and the one where you are registered to vote.  Consider that, when you settle in a new state and get a driver’s license there, your driver’s license is no longer valid.  If a family member dies after spending part of his or her final years in Florida and part of them somewhere else, a probate lawyer can help you figure out whether Florida was the decedent’s legal domicile.

Situations Where the Florida Probate Courts Have Jurisdiction Even If the Decedent Was Not a Legal Resident of Florida

In most cases, if the decedent was not a legal resident of Florida, then the probate courts of Florida will not open his or her estate for probate.  There are two exceptions, however, where probate can proceed in Florida for estates that belong to non-residents of Florida.  One of these instances is if the decedent owned a substantial amount of property in Florida, despite legally residing somewhere else and also owning property there.  In this case, the Florida probate courts can administer only the provisions of the decedent’s will that pertain to the Florida property.  The other scenario is where a Florida creditor to whom the decedent was in debt petitions the Florida probate court to open the estate.  In this case, the probate proceedings in Florida only relate to the Florida-based debt.

Contact David Toback About Probate for Snowbirds

A Central Florida probate lawyer can help you act as personal representative of the estate of someone who lived in Florida part-time.  Contact David Toback in Tampa, Florida to set up a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733.html