When a loved one who lives out of state passes away while owning property in Florida, the task of managing their estate can feel overwhelming. You are likely already navigating a probate process in their home state, and discovering that you need another legal proceeding in Florida can add a significant layer of stress and confusion. This second process, ancillary probate, is necessary to legally transfer ownership of the Florida assets.
Understanding your responsibilities and options is the first step toward efficiently resolving the estate.
What Is Ancillary Probate?
Ancillary probate is a legal process required when a non-resident dies owning real estate or other tangible property in Florida. The primary probate proceeding, called the domiciliary (home state) probate, occurs where the deceased person (the decedent) legally resided. However, the laws of that state have no jurisdiction over property located in Florida. Therefore, you must initiate an ancillary probate proceeding in the Florida county where the property is located to manage and distribute those specific assets.
Florida Ancillary Probate: Understanding the Process
Navigating the state’s ancillary probate process involves several key steps. The goal is to make the process as straightforward as possible, though the specifics can vary depending on the nature and value of the Florida assets.
The process typically involves:
- Filing a petition. The personal representative from the domiciliary estate files a petition for ancillary administration with the appropriate Florida circuit court.
- Submitting documents. Authenticated copies of the will must accompany the petition, the petition for the primary probate, and the order admitting the will to probate from the out-of-state court.
- Issuing of Letters of Administration. Once the court admits the out-of-state will, it issues Letters of Administration to the ancillary personal representative, granting them the same legal authority as any other personal representative in the state.
- Notifying creditors. A notice is published to inform potential Florida creditors, giving them a specific timeframe to file claims against the estate’s Florida assets.
- Paying debts and distributing assets. Any valid debts owed to Florida creditors are paid from the proceeds of the Florida property, along with any administrative expenses. The remaining assets are distributed either directly to the beneficiaries or transferred to the primary domiciliary estate for distribution.
The purpose of ancillary administration is to provide efficiency by recognizing legal proceedings that have already occurred in the decedent’s home state. Once a will is validated in the decedent’s home state, it can also be admitted to probate in Florida, allowing the court to recognize its terms without repeating the full validation process.
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Ancillary Proceedings: Formal Administration vs. Short Form Administration
Depending on the circumstances, two primary options exist to handle ancillary proceedings. They include:
- Formal ancillary administration. The standard process for most cases that follows a structure similar to a formal probate administration in Florida.
- Short form ancillary administration. A shortened process may be available if the estate has completed probate in the decedent’s home state and all creditors have been paid.
An experienced attorney can determine the most appropriate option for your situation, potentially saving the estate significant time and expense.
How Long Does Ancillary Probate Take?
Dealing with probate property in another state can be time-consuming. The duration of the process in Florida depends on several factors. A short-form proceeding may be resolved in a few weeks, while a formal ancillary administration may take several months to over a year. Factors influencing the timeline include any contest of a will’s validity, the complexity of assets, and whether any creditor claims arise.
How We Handle the Process
At Bucelo Diaz Law, we understand that managing an estate across state lines presents unique challenges. Our approach is built on providing clear guidance and efficient, hands-on legal support. We recognize that our clients are often grieving and unfamiliar with Florida’s legal system. Our attorneys, Alejandro Bucelo and Kassandra Diaz, do not pass you off to a paralegal; they personally handle each case. We take pride in our accessibility and commitment to keeping you informed throughout the process.
Contact Us for Help Today
If you are facing the complexities of an out-of-state estate with assets in Florida, you do not have to navigate it alone. We are here to manage the legal burdens so you can focus on your family. Contact Bucelo Diaz Law today to discuss your case and learn how we can help you through the Florida ancillary probate process with confidence.
Frequently Asked Questions
Can Ancillary Probate Be Avoided?
Yes. With proactive estate planning, it is often possible to avoid ancillary probate entirely. For example, transferring Florida property into a revocable living trust allows the assets to pass to beneficiaries outside of the probate process. Depending on your situation, other methods may be available.
What Happens If a Non-Resident Dies Without a Will?
If a person dies without a will, also known as “intestacy,” the ancillary probate process is still required to transfer their Florida property. However, the property will be distributed according to Florida’s intestacy laws instead of following directions in a will. These laws establish a specific order of inheritance, typically beginning with the surviving spouse.
Can the Out-of-State Personal Representative Also Serve in Florida?
Often, yes. Florida allows appointment of the personal representative from the home state as the ancillary personal representative in Florida, provided they are a spouse or a specific close relative of the decedent. Failing to meet these qualifications may require a Florida resident to be appointed.
Do I Need a Florida Attorney for Ancillary Proceedings?
Yes. In most cases, you will need a Florida-licensed attorney to open and manage the proceedings to ensure compliance with all state laws and court procedures.