Generally, probate proceedings should be initiated in the county where the deceased person resided. However, if the deceased person resided in another state and owned real or personal property in Florida, then an Ancillary Formal Probate Administration or an Ancillary Summary Probate Administration may be required to transfer the deceased person’s probate assets in Florida. An Ancillary Probate Administration is usually administered in conjunction with the deceased person’s probate administration in the state where the deceased person resided (also referred to as the Domiciliary Probate Administration).
Florida Real Property. When a nonresident deceased person owns real property in Florida individually, then an Ancillary Probate Administration will be required in Florida to transfer the deceased person’s interest in Florida real property.
Tangible Personal Property. An Ancillary Probate Administration may not be required in Florida when a nonresident deceased person owns personal property in Florida. A person who is in possession of personal property belonging to an estate may deliver the personal property to the foreign or domiciliary personal representative if:
i) They have not received any written demand from a personal representative or curator appointed in Florida, and
ii) The foreign personal representative has been appointed by the foreign court for more than 90 days.
Florida Debtors. If an individual owed the deceased person money, then the individual may make payment directly to a foreign personal representative and a Florida Ancillary Probate Administration is not required to collect the payment. A Florida Ancillary Probate Administration may be required, however, if the estate needs to enforce a contract or lien secured by Florida property.
The time to complete an Ancillary Probate Administration will vary depending on whether an Ancillary Formal Probate Administration or an Ancillary Summary Probate Administration is required.
Learn more about whether you qualify for a Formal Probate Administration or a Summary Probate Administration.
Do you need a probate attorney?
Provurb is not a law firm and we do not provide legal advice. Information contained in this blog is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult with a probate attorney.