If you have questions about Florida probate for foreign nationals, then you came to the right place.
Will your heirs be able to inherit them without any hassle? Will they have to go through a complicated and costly legal process? Will they have to pay taxes or fees to the state of Florida or the U.S. government?
These are some of the questions we will be answering below.
Florida Probate for Foreign Nationals – How Does it Work?
Florida probate law applies to anyone who dies owning property or assets in Florida, regardless of their citizenship or residency status. This means that if you are a foreign national who owns real estate, bank accounts, stocks, bonds, or other assets in Florida, your estate will have to go through probate in Florida.
The probate process in Florida is similar for both U.S. citizens and foreign nationals. However, there are some differences and challenges that foreign nationals may face when dealing with Florida probate.
Some of these are:
- You may need to appoint a personal representative (also known as executor or administrator) who is a resident of Florida.
The personal representative is the person who is responsible for administering the estate and carrying out the wishes of the deceased person.
If you do not have a valid will or do not name a personal representative in your will, the court will appoint one for you. However, Florida law limits who can serve as a personal representative for a nonresident decedent.
Only a spouse, sibling, parent, child, or other close relative who is a U.S. citizen can serve as a personal representative for a nonresident decedent. If you do not have any such relative, you may need to hire a professional fiduciary or an attorney who is licensed and bonded in Florida to serve as your personal representative.
- You may need to obtain an ancillary administration in Florida if you have a primary probate proceeding in another state or country.
An ancillary administration is a separate probate proceeding that is conducted in Florida to deal with the assets located in Florida only. It is usually required when the decedent had a permanent home in another state or country and had a primary probate proceeding there.
Ancillary administration can be either summary or formal, depending on the value and complexity of the assets involved.
Summary administration is a simplified and expedited process that can be used if the value of the estate subject to administration does not exceed $75,000 or if the decedent has been dead for more than two years.
Formal administration is a more complex and lengthy process that requires more court involvement and supervision.
- You may need to deal with different tax implications depending on your citizenship and residency status.
As a foreign national, you may be subject to different tax rules and rates than U.S. citizens when it comes to estate tax, income tax, gift tax, and inheritance tax.
For example, if you are not a U.S. citizen or resident alien (green card holder), you may have a lower estate tax exemption amount than U.S. citizens or resident aliens. This means that you may owe federal estate tax on your U.S.-situated assets.
In addition, you may also have to pay estate tax or inheritance tax in your home country on your worldwide estate, depending on the tax laws and treaties between your country and the U.S.
Therefore, it is important to consult with an experienced tax professional who can advise you on how to minimize your tax liability and avoid double taxation.
Why Choose Jurado & Associates for Your Florida Probate Needs
- Personalized and customized service. We understand that every client is different and has different needs and goals. We tailor our service to meet your specific situation and preferences. We listen to you attentively and work with you closely to achieve the best possible outcome.
- Professionalism and excellence. We are committed to providing high-quality legal service that meets or exceeds your expectations.
- Communication and accessibility. We value communication as a key element of our service. We keep you informed and updated on every step of the process and answer your questions promptly and clearly. We are always available and reachable by phone, email, WhatsApp, or any other means that suit you.