The state of Florida is a popular destination for retirees, snowbirds, and other groups who like to enjoy year-round warm weather. If someone who resides out of the state dies owning property in Florida, the assets will likely go through ancillary probate.Ā
In this article, you will discover the essentials of Florida ancillary probate.
Florida Ancillary Probate – Understanding the ConceptĀ
If a person dies owning assets titled solely in his or her name without residing in Florida, these assets must go through ancillary probate. When a decedent’s primary residence is not located within state jurisdiction, the assets must be probated by a local court.
Ancillary probate is necessary if a person who resides out of the state passes away:
- Owning assets with no designated beneficiaries or joint owners in FloridaĀ
- With liens attached to property located in FloridaĀ Ā
- With creditors due from Florida residentsĀ
- With a business located in Florida, orĀ
- Owning vehicles titled within Florida’s jurisdictionĀ Ā
As provided by Florida Statutes Ā§734.102 (2), “ancillary administration shall be commenced as provided by the Florida Probate Rules.”
Ancillary probate is necessary to settle any pending issues left by the decedent in Florida and transfer the title of Florida property to the beneficiaries named in the last will.Ā Ā
Florida Ancillary Probate – Appointment of Personal RepresentativeĀ
During ancillary probate, Florida Statutes Ā§734.102 (1) provides that “(…) a personal representative specifically designated in the decedent’s will to administer the Florida property shall be entitled to have ancillary letters issued, if qualified to act in Florida.”Ā Ā
The same statute adds that “if the foreign personal representative is not qualified to act in Florida and the will names an alternate or successor who is qualified to act in Florida, the alternate or successor shall be entitled to have letters issued.”
If the provisions in the decedent’s will do not specify an alternate or successor personal representative, “those entitled to a majority interest of the Florida property may have letters issued to a personal representative selected by them who is qualified to act in Florida.”
Florida Statutes Ā§734.102 (4) specify that “all proceedings for appointment and administration of the estate shall be as similar to those in original administrations as possible.”
When an out-of-state resident dies without a will owning property in Florida, the asset must be distributed according to Florida intestacy laws.
If a foreign personal representative does not qualify to act in Florida, the statutes describe that “the order of preference for appointment of a personal representative as prescribed in this code shall apply.”
Florida Ancillary Probate –Ā Summary Administration vs. Formal AdministrationĀ
Similar to standard probate proceedings, estates subject to ancillary administration can go through summary administration or formal administration.
If the total value of the estate does not exceed $75,000 or the decedent has been dead for more than two years, the estate may qualify for summary ancillary administration. Otherwise, the estate must go through formal ancillary administration, which requires more time and effort.
Waste no Time with Uncertainty – Immediately Contact Your Florida Probate LawyerĀ
Avoid costly mistakes – contact Attorneys Romy B. Jurado and Diana C. Collazos today by calling (305) 921-0976 or emailing [email protected] for expert legal guidance.Ā
