From retirees to investors, plenty of people from around the world own real estate and other assets in Florida. When a non-resident of Florida passes away leaving property, the courts of another state or country lack jurisdiction (i.e., authority) to distribute the property to the deceased’s rightful heirs. The courts of the state in which the property is located must address the distribution of such property in its jurisdiction. This process is called ancillary probate administration.
Ancillary probate administration is required when a non-Florida resident passes away while owning property in Florida and there are probate proceedings pending in another state or country. Ancillary probate can either be in the form of a formal administration or summary administration. There is also a short form ancillary administration process that is available if the deceased left a will and the property that they owned is valued at $50,000 or less.
In a formal ancillary administration proceeding, a court will need to designate a personal representative (usually, but not always, the one specified in the deceased’s will) to administer the Florida property. The court will issue ancillary letters to this effect, stating that the personal representative is qualified to act as the estate’s representative in the State of Florida. We will work with the personal representative or petitioner of the estate to ensure that they meet their obligations under Florida’s probate laws so that assets can then be transferred to the estate’s beneficiaries.
Trusted and Experienced Florida Probate Counsel Serving Clients Nationwide
At Farshchian Law, we work with personal representatives and family members from outside of Florida who must open an ancillary probate proceeding here to deal with real or personal property located in the State. When ancillary probate administration is required for Florida residents who own property in another state, we can help find, retain, and collaborate with qualified local counsel there to ensure that the transfer of title and all related matters proceed quickly and without unnecessary complications.
Call Farshchian Law If You Need Experienced Florida Counsel For An Ancillary Probate Administration
If the recent passing of a loved one necessitates ancillary probate administration in Florida, it is important to retain experienced local counsel who has the knowledge and resources to address issues and handle matters in two different states or another country. Failure to consider and understand each jurisdiction’s laws and requirements can create headaches, delays, and added expenses for those charged with administering an estate.
Please call us at (800) 604-1871 or email us at Info@JFRealEstateLaw.com for a free consultation on how Farshchian Law can assist you with your ancillary probate administration needs.