How to Add Palm Beach County Real Estate to a Canadian Will

Many Canadian “snowbirds” own property in Palm Beach County. In fact, Canadians own more Florida real estate than any other foreign nationality. Although a Florida vacation home can offer a welcome respite from the cold Canadian winters, your US real estate may also make your estate planning process more complex. How do you add Florida real estate to a Canadian Will?

You Could Face Probate in Florida When You Pass Away

You do not automatically avoid probate in Florida just because you’re not a US citizen or a Florida resident. As long as you pass away with Florida real estate in your name alone, you will “trigger” probate in Florida. You should also know that probate in Florida won’t begin automatically after you pass away, and your executor/personal representative will need to file your Will in the county of the relevant property after you pass away (ideally within 10 days).

This adds a significant amount of extra work for your personal representative, as they will need to oversee probate in not only two different jurisdictions, but two different nations. It is challenging enough for a non-legal expert to wrap their mind around probate in Canada, but Florida probate adds a completely different dimension to this undertaking. Generally speaking, Florida probate is much more complex compared to probate in other jurisdictions, including most Canadian provinces.

Sometimes, it is beneficial to create a separate Florida Will for your real estate rather than relying solely on your Canadian Will. Although Florida probate courts accept Canadian Wills, there could be problematic conflicts between the two jurisdictions.

It Makes More Sense to Avoid Probate Entirely

In this type of situation, it probably makes more sense to avoid probate entirely. Various strategies can help you accomplish this goal. Perhaps the most obvious option is to put someone else on the title of your property. This is called “joint tenancy,” and it facilitates the automatic transfer of ownership to the other person on the title. For example, you might want to leave your Florida vacation home to your grandchild. In this situation, you would simply add your grandchild to the title of the property and make them a co-owner. Another straightforward option is to place your Florida property into a trust. Assets held in a trust are not subject to probate in Florida.

Can an Estate Planning Attorney in Palm Beach County Help Me?

While a lawyer in the True North might be able to help with domestic aspects of your estate plan, you may want to speak with a Palm Beach County estate planning lawyer for more accurate information about how your foreign real estate will fit into your Will or trust. These Florida lawyers can help you learn more about probate in the Sunshine State and any other concerns that might apply to your unique situation. Contact Kitroser Lewis & Mighdoll today for further guidance.

Source: 

floridabar.org/public/consumer/pamphlet026/