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January 11, 2018

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How are Assets, Debts, and Liens treated in Ancillary Probates in Florida?

January 4, 2018

A Florida ancillary probate may be necessary if a non-resident died leaving:

  • Assets in Florida.

  • Debts due from Florida residents.

  • Liens on Florida property.

The location of these Florida assets is determined based on the type of asset.  Debts owed to nonresident decendents are generally located in the county where the debtor resides or maintains its principal office. Commercial paper, investment paper, and others are deemed to be located in the county where the instrument is located when the decedent passes. 




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