Ancillary Probate

This is a legal proceeding that is available for a decedent who resided in a state outside of Florida at time of death, but who has property in Florida – usually real estate. The Florida probate ancillary administration is the legal process required to transfer legal title for the Florida assets to the beneficiaries of the estate.

If the decedent has a will: When the decedent has a will that is being probated in another state, the Personal Representative for the Estate (also called Executor in many states) may petition the Florida probate court to admit the decedent’s foreign will in the county where the property is located.

Once the foreign will is admitted to record by order of a Florida court, the will shall be deemed as valid and effectual as if it were executed in Florida. With the approval of the Florida probate court, the Personal Representative can either sell the property or distribute it outright to the beneficiaries. See F.S. 734.104.

If the decedent does not have a will: In the situation where the decedent did not leave a will, and there are probate proceedings in the state where the decedent died, the Personal Representative may petition the Florida court upon proof of certain pleadings from the domiciliary probate.

Note: You need a Florida Attorney. Of course this requirement sounds self-serving, but it is the law. In Florida, every Personal Representative, unless the Personal Representative remains the sole interested person, must be represented by an attorney admitted to practice in Florida. Fla. Prob. R. 5.030(a).

Time Frame: The time to open and close a Florida probate ancillary administration depends on the type of proceeding needed. The proceeding may be a Summary Administration for estates under $75,000 or where the decedent has been dead for more than two years. Otherwise, the proceeding will be a Formal Administration. For the time frame for each type of Administration see our Florida Probate Quick Reference Guide.

Attorney Fees: See Florida Probate Attorney Fees: The Inside Scoop.

Ancillary Administration Document Checklist: For a checklist of documents we typically need to open an Ancillary Administration see: Document Checklist for Ancillary Probate.

The qualifying criteria for an Ancillary Florida probate petition are narrow and should first be discussed with a Florida attorney. For more information, contact us Rarick & Bowden Gold, P.A., Miami probate attorneys, at (305) 556-5209 or (954) 360-8242, or e-mail info@raricklaw.com.