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Ancillary Probate

When someone who lives in another state or country dies and leaves assets in Florida, then Florida statutory law dictates how those assets are administered. The procedure to transfer the Florida assets is called an “ancillary probate. “

Most often, the ancillary probate process begins in the state of the decedent’s residency and the secondary probate proceeding is then commenced in the Florida county in which the decedent’s property is located. Once a personal representative or executor has been appointed by the Court in the decedent’s home state, he or she can petition the Florida Court for authority to act as an ancillary personal representative in Florida.

Even if a personal representative has been appointed in the decedent’s home state, neither that person nor the home state’s probate court has jurisdiction over the Florida property. For example, if a person who lives in New York owns a second home in Broward County, Florida and passes away, the transfer of that property is subject to Florida probate laws, rules and procedure.

What is the Objective of an Ancillary Administration and Who May Act as a Florida Personal Representative?

The object of a Florida ancillary administration is to collect assets of nonresident decedents found within Florida and to remit the proceeds to the domiciliary executor or personal representative. The “domiciliary estate” is the estate established by the decedent’s home state or country, while the “ancillary estate” is the estate created in Florida.

Under the Florida Probate Code, Florida Statute 734.102, if a nonresident of Florida dies leaving assets in Florida, then a personal representative named in the decedent’s will to administer Florida property will be entitled to have ancillary letters issued, as long as they are qualified to act in Florida. Otherwise, the foreign personal representative of the decedent’s estate will be entitled to have letters issued, if qualified to act in Florida.

If the decedent dies intestate and the foreign personal representative is not qualified to act in Florida, the order of preference for appointment of a personal representative is set forth in the Probate Code.

Rights, powers, and authority of an ancillary personal representative

According to the Florida Probate Code “Ancillary personal representatives shall have the same rights, powers, and authority as other personal representatives in Florida to manage and settle estates; to sell, lease, or mortgage local property; and to raise funds for the payment of debts, claims, and devises in the domiciliary jurisdiction. No property shall be sold, leased, or mortgaged to pay a debt or claim that is barred by any statute of limitation or of nonclaim of this state.”

However, for example, if a Florida ancillary personal representative wishes to sell Florida real estate, then the personal representative will likely need an order from the Florida probate court to do so.

How to Commence and Complete an Ancillary Probate in Florida?

According to Florida probate rule 5.470, a petition for ancillary letters must include an authenticated copy of so much of the domiciliary proceedings as will show (1) for a testate estate, the will, petition for probate, order admitting the will to probate, and authority of the personal representative; or (2) for an intestate estate, the petition for administration and authority of the personal representative to act. Before ancillary letters will be issued to any person, formal notice must be given to (1) all known persons qualified to act as ancillary personal representative and whose entitlement to preference of appointment is equal to or greater than petitioner’s and who have not waived notice or joined in the petition; and (2) all domiciliary personal representatives who have not waived notice or joined in the petition.

When an authenticated copy of a will is filed with the probate clerk, the court is required to determine whether the will complies with Florida law in order for it to be entitled to be probated. If it does comply, the court is required to admit the will to probate.

Basically, if a will is executed within the formalities of Florida law (the Florida Probate Code), then the will must be admitted to probate.

The ancillary personal representative will likely be required to post a bond, just like most personal representatives are generally required to do in Florida.

Unless creditors’ claims are barred under the Probate Code, the ancillary personal representative must publish a notice to creditors.

After the payment of all expenses of administration and claims against the ancillary estate, the court will likely order the remaining assets held by the ancillary personal representative transferred to the domiciliary personal representative or distributed to the beneficiaries.

How Can Larry Help?

Larry Schott Has Represented Out of State Clients with Probate Matters for 32+ Years

Experienced probate attorney Larry Schott has been assisting clients with the ancillary probate process for more than 32 years. Regardless of which state you are in, or which country, Larry can assist you in successfully resolving all issues and answering all questions that may arise throughout the ancillary probate process. Call him today at 954-880-1302 to learn how he can to help you and your family through this difficult time.

Larry Schott has handled a variety of issues related to an ancillary administration, including the management of business interests, debts owed by and to the decedent and real property issues. In addition to Ancillary Probate, Larry represents clients in probate matters related to:

Larry is committed to providing his clients with comprehensive legal advice, as well as acting in an efficient and orderly manner in the execution of such matters—from filing of the initial petition to the final distribution of assets.

Broward County Probate Lawyer Larry Schott Works with Clients and Probate Attorneys from Outside Florida.

Larry handles Broward County Probate matters for clients across the United States as well as in Latin America, Brazil, Mexico, Canada, and other countries who are dealing with property or probate issues for property located throughout South Florida including the cities of Sunrise, Wilton Manors, Oakland Park, Lauderhill, Lauderdale Lakes, Plantation, Pompano Beach, North Lauderdale, Tamarac, Coconut Creek and all other cities throughout Florida.

Larry Schott is happy to coordinate the resolution of estate and probate matters with probate attorneys in other parts of the country as well as internationally, as they go before their probate judges in finalizing the main estate case while Larry handles the Florida probate matter involving the Florida property and its distribution to the appropriate heirs or beneficiaries.

To learn more about Larry click here: Broward County Probate Attorney.

Contact an Experienced Broward County Probate Attorney

Contact Larry Schott to find out how he can help you. You can contact him by phone at 954-880-1302 or by e-mail through this website to schedule an appointment. He offers a free initial consultation.

 

Do You Have a Question?

If you have a question about a Florida Probate issue, then feel free to give Larry Schott a call for a free consultation.

Please fill out the “Contact Us” form to ask a question or you can call us at 954-880-1302.  We promise to get back to you promptly.  Ask now.

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