Steps for Transferring Real Estate After a Death Out of State

When a person dies, their estate is handled by the state in which they resided (a/k/a the “domiciliary estate”). However, it's important to note that the state of the decedent’s primary residence (their domicile) has no jurisdiction over real estate in another state. As an example, if your uncle lives in New York but owns property in Tampa, the probate process generally will be handled in the State of New York, but not as it relates to the real estate located in Tampa, Florida, which must be handled by the Florida courts. This is where having a probate attorney in Florida will be necessary.

You'll need to hire a lawyer in the state where the property is (in this case, Florida), and he or she will need to open up an Ancillary Administration proceeding. Ancillary Administration is a process similar to the domiciliary probate. It will allow the real estate to be transferred to the domiciliary administration, which is the probate administration in the deceased's primary state of residence (in the case of this example, that would be New York).

Once the Florida courts have allowed the transfer of the Florida real estate to the New York probate administration, the New York probate would then manage the distribution of that real estate as part and parcel of the New York probate administration. The property would then typically go to the beneficiary who is supposed to receive it in accordance with the deceased's Last Will or intestacy, or otherwise in accordance with the probate process.

How Long Does This Process Take?

This completely depends on the states involved. In some states, the process is simple and straightforward, but in others, it adds many steps to the process that could lengthen the time needed. So, sometimes it can be quick, while in others it can take nearly as long as the rest of the probate process. Your attorney will be able to look into the process for the state you're working with to give you a more accurate timeframe.

Final Thoughts

Going through the estate-planning process can be more complicated when there is an out-of-state property to manage. It is also necessary! If the proper planning hasn't been done, it will likely extend the time needed to get through the entire probate process. 

One of the best ways to avoid this situation is to put out-of-state property into a Living Trust while you are alive to minimize the need for Ancillary Administration.  So, if you own property in another state, speak to an attorney in your state, as well as one in the other state, to determine the most efficient way to provide for transfer the out-of-state real estate to your beneficiary following your death.

"The information provided herein is simply a brief overview of the Florida law on this particular matter. It should not be relied upon for legal purposes, as the facts and circumstances to any specific legal matter may vary substantially from the limited explanation and application of often complicated legal rules and principles that may be addressed herein, or applicable in your particular legal matter. You should only rely upon legal advice provided to you by a licensed attorney who has had an opportunity to fully evaluate your particular legal matter".