Legal Advice To Help Build Your Future

Do out-of-state vehicles need to go through probate?

On Behalf of | Dec 31, 2024 | Ancillary Probate

Wealthy snowbirds who live half the year in a less humid state or country, e.g., Canada, often own expensive automobiles and planes they use to get to Florida when they flee the frigid conditions of the frozen north.

But what happens when the owners pass? How are these assets addressed?

You can open an ancillary probate process

This legal term describes what occurs with ownership of items that are registered or titled elsewhere than their primary state or country but are part of the decedent’s estate. Because of this, in addition to the probate already opened in the other location, an ancillary probate may also need to be opened to deal with these items.

It should also be noted that ancillary probate can also be used to transfer ownership of mineral rights, natural gas, oil or even livestock located or housed elsewhere.

Can ancillary probate be avoided?

Certainly, but that requires pre-planning. If the owner has already passed away, there may be ways to dodge ancillary probate, but the best way to do that is for the person during their lifetime to add those items or mineral rights to a living trust.

Skipping the costs of ancillary probate could also be achieved by creating a new deed of joint tenancy with rights of survivorship. For instance, if you are married but want your adult children to inherit your Miami beachfront property, you could add their names to the deed and bypass probate.

What options are best?

It’s impossible to say, given that everyone has different priorities and intentions for their property. Learn all you can about Florida’s probate process to get the best results.