Understanding Florida Ancillary Probate Administration

The death of a loved one is frequently confusing when your loved one has ownership rights for some kind of real estate in their name only. If your loved one lived outside of Florida and owned real property in Florida in their individual name, probate proceedings will need to commence in Florida to clear title to the property and have the property transferred.

Ancillary probate administration is the process used when an out-of-state resident owns a second residence, vacation home, vacant land, or timeshare in Florida. This probate proceeding is the process the state requires to pass the Florida residence to the heirs. Generally, ancillary probate typically starts at the same time as that when the probate action in the decedent’s home state of residence begins.

For example, a person who lives in Illinois owns a vacation home in Marco Island, Florida in their individual name and dies. The disposition of their vacation home in Marco Island is subject to Florida’s probate laws, rules, and procedure. Eric S. Kane can efficiently handle all out-of-state resident ancillary probate matters for any location in Florida’s 67 counties.

Ancillary probate administration typically comes to light when Florida property is being sold and the Florida title company notifies the heirs or beneficiaries that the property cannot be sold until Florida probate proceedings have occurred.

Experienced Legal Advocacy For Abbreviated Or Formal Ancillary Probate

Depending on the value of your loved one’s property, Florida courts may allow an abbreviated process or may require a formal process to pass the property to heirs or beneficiaries. Eric S. Kane, P.L., can assist you with:

• Abbreviated Florida ancillary summary administration – If the total value of the Florida property and other Florida assets is less than $75,000 or if the decedent passed away more than two years ago, an abbreviated Florida ancillary summary administration can commence.
• Florida ancillary formal administration – lf your loved one passed away less than two years ago and the total value of their property and other Florida assets exceeds $75,000, the court will require that a Florida ancillary formal administration shall be initiated.

In testate matters for non-residents, there are also certain circumstances where a short form probate proceeding can commence when the property’s value is less than $50,000. If the decedent has been dead for more than two years, or any time after the domiciliary personal representative has been discharged, the decedent’s will can be admitted to Record in the county where the property is located.

Attorney Eric S. Kane works with individuals, families, and other attorneys.

Have You Been Named As A Personal Representative In A Will?

Speak with a knowledgeable probate attorney in Florida soon. If you are the personal representative in a will or an out-of-state attorney and have questions about the Florida ancillary probate process, please contact Eric S. Kane, P.L., at 305-937-7280 for a telephone consultation. Attorney Kane focuses exclusively on trust and estate law. A highly experienced probate lawyer who frequently lectures on probate matters, Mr. Kane conducts Florida ancillary probate administration throughout Florida’s 67 counties.