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Dad died and willed my Mom 1/7th of a condo in Florida. Then my Mom died in NC. Do I have to probate her will in NC AND FL?

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Dad owned a condo in FL. He died in 4/2103 and his will left his 6 children and his wife (our Mom) the condo. I am executor. 8 months later Mom died in 12/2013. My sister is executrix. I am currently probating Dad's will in FL. My probate lawyer says my sister ALSO needs to probate Mom's will in FL!!! She has already probated in NC and NY. Now my lawyer wants $2500 to probate Mom's will in FL. The value of Dad's estate is $150,000 in FL so Mom's estate will get about $21,400 from Dad yet we have to pay $2500 in legal fees to Florida. Just so Mom can leave the 6 kids $3,500 each. Is a third probate in FL really necessary?

3 Attorney Answers

I know the legal process can be frustrating and expensive, and difficult to deal with after the loss of a loved one. However, it is necessary to probate your mother's will in Florida, although since it appears that the value of your mother's interest in the condo is less than $75,000, Summary Administration (rather than a full probate proceeding) can be used. $1,500-$2,500 is not unreasonable for Summary Administration, particularly if the $2,500 includes the court fee of about $350. Full probate would be more expensive.
This is why I recommend my clients put their properties in a trust - it avoids having to open ancillary probates in all the states where property may be owned. Yes, a probate of the condo is necessary. I personally think that since it is an ancillary probate, $2500 is on the high side, unless it does include ALL the court fees, recording fees, etc. Clarify the fees with your attorney.
Based on those facts, yes you will need a probate in Florida to transfer legal title. At dad's death, requires a probate to transfer to kids and mom. Mom's estate now has some ownership interest, therefore, the only way to get legal titled transferred to the kids is a probate for mom's interest (unless the property was titled otherwise to create an automatic transfer based on survivorship). I personally can't do a summary probate for less than $2,000 (it just takes a certain a out of times d drafting documents) and a full probate normally runs about $3500 and up.

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