Debunking Myths about Ancillary Probate in Florida

Dealing with ancillary probate in Florida can be challenging. This special type of probate process—which applies to out-of-state decedents who owned assets in Florida at the time of their death—can be confusing and intimidating for many people, especially for those who believe the myriad of myths that exist about it.

Below, we will debunk some of the most common myths and misconceptions about ancillary probate in Florida and do our best to help you understand what the process entails and how it can affect you and your family.

Myth #1: Ancillary Probate Is Always Required for Out-Of-State Decedents

One of the most prevalent myths about ancillary probate in Florida is that it is always required for any out-of-state decedent who owned property in Florida and there is no way to avoid it. This is simply not true. Ancillary probate is only required if the decedent’s Florida property is subject to probate, meaning that it does not pass automatically to the beneficiaries. 

For example, if the decedent owned a house in Florida that was titled in his or her name alone, then that house would have to go through ancillary probate. 

However, if the decedent owned a bank account in Florida that had a payable-on-death beneficiary, then that account would not have to go through ancillary probate because it would pass directly to the beneficiary without the need for court intervention.

In other words, there are legal instruments that allow the property to pass directly to designated beneficiaries without going through the court. 

Therefore, ancillary probate is not always necessary in Florida, and non-residents who own property in Florida should consult with an estate planning attorney to explore their options.

Myth #2: Ancillary Probate Always Takes Years to Complete

Probate is often a complex and challenging process. However, that does not mean it always takes years to complete, as many people believe. 

There are many factors that can affect the speed of probate in Florida, such as the type of administration, the complexity of the estate, the cooperation of the parties, and the availability of the court.

There are two types of administration for ancillary probate: formal administration and summary administration. 

• Formal administration is the standard procedure that applies to most estates, and it involves more steps and requirements than summary administration. 
• Summary administration is a simplified procedure that is available for estates valued at less than $75,000 or for decedents who have been dead for more than two years. 

Although it is true that some formal administration cases can take years to complete, these cases usually involve multiple assets and beneficiaries, complex family relationships, and many disputes with creditors or even between beneficiaries that end up going to court, delaying the entire process.

However, even for complex estates, there are strategies that can be implemented to ensure the Florida ancillary probate process is completed smoothly and efficiently.

Myth #3: Ancillary Probate Always Costs a Fortune

Probate can be expensive. That is a fact. However, that does not mean it always is. 

Factors such as the size of the estate, the type of administration, the choice of personal representative, and the existence of a will can affect the cost of ancillary probate. Generally, the larger the estate, the higher the cost of probating it, as there may be more fees, taxes, and expenses involved. 

However, having a valid will that clearly expresses the decedent’s wishes can lower the cost of probate, as it can prevent disputes and challenges among the heirs and beneficiaries. Therefore, ancillary probate does not always cost a fortune.

It is, nevertheless, important to note that the best way to lower the cost of probate in Florida is to avoid it altogether using estate planning tools.

Dealing with Ancillary Probate in Florida is Easy When You Work with Experts

If you are facing the prospect of ancillary probate in Florida, you do not have to go through it alone. You can rely on the legal expertise and experience of Jurado & Associates, P.A., a reputable and trusted law firm that specializes in probate and estate planning matters. 

If you are interested in learning more about ancillary probate or how we can assist you with it, please do not hesitate to contact us today. 

You can reach us by phone at (305) 921-0976, by email at [email protected], or by WhatsApp at +1 (305) 921-0976.