If you want to learn the basics of probate for foreign nationals in Florida, then you came to the right place.
When a foreign national dies owning property in Florida, the probate process can be complex and confusing, as it involves state, federal, and international laws.
Below is what you need to know.
What is Probate?
Probate is a legal process that takes place after someone dies in which their estate is settled. Probate involves:
- Identifying and gathering the decedent’s assets,
- Paying their debts and taxes, and
- Distributing the remaining property to their heirs or beneficiaries.
In Florida, probate is usually required if the decedent owned any real estate, personal property, or other assets in the state, regardless of whether they lived in the state or not.
The type of probate that applies to foreign nationals who are not residents of Florida is called ancillary administration, which is similar to formal administration but with some additional requirements.
Ancillary Administration vs. Formal Administration
Ancillary administration is a type of probate that is used when the decedent’s primary residence was in another state or country but they owned assets located in Florida. Ancillary administration is a secondary probate that follows the main probate proceeding in the decedent’s domicile.
Formal administration is a type of probate that is used when the decedent’s primary residence was in Florida, or when they did not have a will. Formal administration is a full-scale probate that requires the appointment of a personal representative to manage the estate.
Both ancillary administration and formal administration are supervised by a Florida probate court and must follow the Florida probate laws and procedures. However, ancillary administration has some specific requirements that differ from formal administration, such as:
- The decedent’s will must be authenticated by the court of the state or country where it was executed and admitted to probate.
- The decedent’s will must be valid under the law of the state or country where it was executed and under Florida law.
- The personal representative must be a resident of Florida or related to the decedent by blood or marriage.
- The personal representative must post a bond (a type of insurance) to ensure the proper administration of the estate.
How to Avoid Probate in Florida
Probate can be avoided or minimized with proper estate planning, which is the process of arranging your affairs to ensure that your wishes are carried out after your death and that your loved ones are protected.
Some of the estate planning tools that can help you avoid probate in Florida are:
- A revocable living trust: A trust is a legal entity that holds your assets for your benefit during your lifetime and for your beneficiaries after your death.
A revocable living trust allows you to transfer your assets to the trust without giving up control over them. You can name yourself as the trustee (the person who manages the trust) and designate a successor trustee who will take over when you die or become incapacitated.
A revocable living trust can help you avoid probate because your assets are owned by the trust, not by you, and therefore, they do not need to go through probate.
- A joint tenancy with right of survivorship: A joint tenancy with right of survivorship is a way of owning property with another person (or persons) so that when one owner dies, their share automatically passes to the surviving owner(s) without going through probate.
A joint tenancy with right of survivorship can help you avoid probate in Florida because the property does not become part of your estate when you die.
- Beneficiary designations: A beneficiary designation is a way of naming someone who will inherit your assets without going through probate. However, it only applies to certain types of assets, such as:
- Bank accounts,
- Retirement accounts,
- Life insurance policies, and
- Annuities.
Beneficiary designations can help you avoid probate because your assets are transferred directly to the named beneficiaries upon your death.
Probate for Foreign Nationals in Florida Made Easy
Probate can be a daunting and complicated process that requires expert legal guidance and representation. If you are a foreign national who owns assets in Florida, or if you are dealing with the estate of a foreign national who passed away owning property in Florida, we can help you.
At Jurado & Associates, P.A., we are committed to providing you with personalized, professional, and compassionate legal services. We understand the emotional and financial challenges that probate can pose, and we are here to make the process as smooth and stress-free as possible.
Probate is easy when you work with experts.
You can reach us by phone at (305) 921-0976, by email at [email protected], or by WhatsApp at +1 (305) 921-0976.
