Ancillary Probate Administration In Florida: What Out-Of-State Families Need To Know
When a loved one who passes away owns property in more than one state, the probate process can become even more complex than it already is. If the deceased was a non-Florida resident but owned real estate or other tangible property in Florida, an ancillary probate administration may be necessary. At Korshak & Associates, P.A., we regularly assist families across the country in navigating the Florida ancillary probate process efficiently and compassionately.
What is Ancillary Probate Administration?
Ancillary probate is a type of secondary probate proceeding that occurs in a state other than where the decedent (deceased person) resided at the time of death. Florida law requires that any Florida-based real property (such as vacation homes, rental property, or vacant land) be administered through the Florida probate courts – even if the main probate is being handled in another state.
When is Ancillary Probate Administration Required in Florida?
You may need to do an ancillary probate proceeding in Florida if:
- The decedent was a non-resident of Florida at the time of death;
- The decedent owned real estate or other tangible property located in Florida;
- Said property was held solely in the decedent’s name, without a trust or joint owner; and
- There is an existing probate case in the home state of the decedent.
Florida probate courts cannot distribute Florida real property based solely on the probate process of another state, so an ancillary probate must be opened locally.
Types of Ancillary Administration in Florida
Florida recognizes three (3) types of probate proceedings, all of which can apply to ancillary administration.
- Formal Administration: Required when the estate exceeds $75,000 or when there are complicated issues such as disputes or creditor claims.
- Summary Administration: Available if the estate is valued under $75,000 (excluding the value of homestead property) or if the decedent has been deceased for more than two years.
- Disposition without Administration: Rarely used for ancillary purposes, used only in limited circumstances when estate assets are minimal and will only be used to pay final expenses.
How to Start an Ancillary Probate in Florida
To initiate ancillary probate proceedings in Florida, the personal representative of the estate or an attorney will need to file in the Florida county where the real estate is located. The filing typically includes but is not limited to:
- A certified copy of the domiciliary(home state) probate proceedings (such as Letters Testamentary or the out-of-state will);
- A petition for ancillary administration;
- A death certificate; and
- Notice to any known beneficiaries or heirs.
The Florida court will appoint a local personal representative if necessary, and the property will be administered according to Florida probate laws.
Why You Need a Florida Probate Attorney
Navigating the rules of the Florida probate court—especially from out of state—can be daunting. A Florida probate attorney ensures compliance with local procedures, expedites court filings, and reduces delays. Additionally, an attorney can help avoid pitfalls such as improper notice or incomplete documentation, which can jeopardize property transfers or expose the estate to liability.
Let Us Help
At Korshak & Associates, P.A., we work with families and law firms nationwide to efficiently manage Florida ancillary probate proceedings. With over 40 years of experience handling probate matter, whether you’re handling a vacation home in Daytona, a condo in Orlando, or land in Ocala, we can provide the legal guidance and representation you need. Contact us today for a consultation and let us simplify the Florida probate process for you.
