WILL OF STEINER v. << (2023)

In this probate proceeding, the petitioner seeks to have admitted to probate an instrument dated January 14, 2021, which was executed in the State of Florida. Decedent died a domiciliary of Volusia County, Florida.

SCPA § 206 [1] provides, inter alia, that the Surrogate's Court of any county has jurisdiction over the estate of any non-domiciliary decedent who leaves property in the state, with the proper venue for proceedings relating to such estates in the county where the non-domiciliary decedent left property.

Based on the evidence presented, the decedent left no assets in the state of Florida that require administration. Further, no probate proceeding has been commenced or will be commenced in any Court in Florida of competent jurisdiction.

While the decedent planned his estate in such a way that his assets passed by operation of law, the decedent became the sole distributee of one of his children's estate months before his demise. Part of the decedent's child's estate consists of a parcel of real property located in Middle Village, Queens County, New York. Accordingly, the residuary of the decedent's estate consists of property located in Queens County, New York, satisfying this Court's jurisdictional requisites to entertain a non-domiciliary's probate.

Pursuant to EPTL 3-5.1 [c] [3], a will made without this state is admissible to probate in this state, if it is in writing, signed by the testator, and otherwise executed and attested in accordance with the local law of the jurisdiction in which the testator was domiciled, either at the time of execution or of death.

Section 732.502 of the Florida Probate Code provides, inter alia, that every will must be in writing, signed at the end by the testator in the presence of at least two witnesses who in part shall sign the will in the presence of the testator and each other. Section 732.503 of the Florida Probate Code provides the guidelines to make an instrument self-proved.

Based upon the evidence presented and upon a review of the document offered for probate herein, the Court finds that the instrument was duly executed in conformity with the requirements for a will pursuant to the law of the State of Florida, decedent's domicile at the time of execution and death. The instrument further complies with all provisions from section 732.503 of the Florida Probate Code rendering the instrument self-proving.

Accordingly, the petition is granted. The will is admitted to probate and letters testamentary shall issue to the petitioner upon duly qualifying according to law.

Submit Decree.

Peter J. Kelly, S.