Do I Need Florida Probate and North Carolina Ancillary Probate to Transfer North Carolina Property After an Out-of-State Intestate Death?
Detailed Answer
When a person dies without a will (intestate) in Florida and owns real property in North Carolina, you must handle probate in both states. First, the personal representative files a probate case in Florida under Florida Statutes Chapter 732. The Florida court issues Letters of Administration to grant authority to collect assets and distribute property under Florida’s intestacy rules.
Next, the personal representative opens an ancillary probate case in North Carolina. Ancillary administration applies when a decedent’s estate includes North Carolina real estate but the main probate occurs elsewhere. North Carolina law under Chapter 28A, Article 6 governs this process. In many cases, you qualify for limited ancillary administration. See N.C.G.S. § 28A-6-2. The clerk of superior court issues an ancillary appointment that confirms your authority to sell or transfer the property.
Without an ancillary appointment, you may face title challenges. Title companies and buyers typically require a certified ancillary order before recording deeds. After obtaining letters from both Florida and North Carolina courts, you use the ancillary order to execute deeds or closing documents.
Finally, you distribute any sale proceeds under North Carolina’s intestate succession statutes. See N.C.G.S. § 28A-15-1 et seq.
Key Points to Transfer Out-of-State Intestate Property
- File Probate in Florida: Open administration under Florida Statutes Chapter 732 to obtain Letters of Administration.
- Obtain Personal Representative Appointment: Use certified letters to prove authority outside Florida.
- Open Ancillary Probate in North Carolina: Petition under N.C.G.S. § 28A-6-2 for limited ancillary administration.
- Submit Required Documents: Provide the death certificate, certified Florida letters and estate inventory to the clerk.
- Execute Deed or Closing: Use the ancillary court order to transfer or sell the real property.
- Distribute Proceeds: Follow North Carolina intestacy rules under N.C.G.S. § 28A-15-1 et seq.
Handling probate in two states can feel complex. At Pierce Law Group, our attorneys apply decades of experience to guide you from opening Florida probate to completing North Carolina ancillary administration. Let us simplify the process and protect your interests in North Carolina real property. Email us at intake@piercelaw.com or call (919) 341-7055 today.
