Ancillary Probate

Ancillary probate refers to a legal process when an individual passes away as a resident of one State or foreign country and owns property in Florida on the date of their death. The state courts of every State cannot effect title to property located in other states. Accordingly, an ancillary probate is necessary in every state in which the Decedent owned property on the date of their death.

Once a Will is admitted to probate in any other jurisdiction, the personal representative can follow the ancillary probate procedure to ensure
that the Decedent’s Florida estate is distributed consistently with the terms of the Decedent’s Will. If the decedent dies without a Will, the ancillary procedure will ensure that the Decedent’s Florida estate is distributed according to the laws of intestate succession in Florida.

A Personal Representative Is Required for Ancillary Probate in Florida

Under Florida law, it is necessary to appoint a personal representative to administer the ancillary estate. Florida law provides specific guidelines on who can serve as the personal representative for a non-resident’s ancillary estate in Florida. Most commonly the duly appointed personal representative in the decedent’s home state is qualified to serve as personal representative of the Florida ancillary estate. An exemplified copy of a sufficient amount of the court file in the domicile state is required to be filed in the Florida court; it will then be given Full Faith and Credit by the Florida court.

The most common ancillary situation we encounter in this office is a person from “up north” who owns real estate in Florida upon their passing.

Contact Raymond S. Grimm Esq.P.A. Today

Call Raymond S. Grimm Esq.P.A. today at (941) 423-7897 or complete our online contact form for a complimentary consultation.