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January 11, 2018

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Plan ahead to Avoid Ancillary Probate in Florida

January 4, 2018

There are methods to avoid having to go through an Ancillary Probate in Florida but it requires a lot of pre-planning that must take place before decendent's death.  It is highly advisable to consult an attorney where you are domiciled before proceeding.   


For example, a non-Florida resident may make a lifetime transfer of Florida real property into a revocable trust.  Generally these trust handle how the property is administered upon the decendent's death.  Again, please seek out counsel before doing this. 


Alternatively, if the decendent owned the Florida property jointly with another individual with a right of survivorship, then such property passes by operation of law to the other individual upon the decendent's death.  In this case, no probate proceeding is required as the transfe


r takes place by operation of law. 











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