What is Ancillary Administration in Florida?

It is not uncommon for people to own a vacation home or other property in Florida so they can head south for the winter. The lifestyle of the snowbirds has become increasingly popular over recent years, but it can also cause problems when someone passes away and owns property in different states. In these instances, ancillary administration can help resolve property issues and transfer the Florida property to the heirs and beneficiaries of the deceased. Below, our Tampa ancillary administration lawyer explains more about this process.

What is Ancillary Administration? 

Ancillary administration is one type of probate that can happen after a person passes away. During this process, the probate court transfers ownership of property within the state at the time of a person’s passing to beneficiaries in other states. It is called ancillary administration, as the primary estate administration occurs in a different state where the decedent primarily resided. This is known as the domiciliary estate and any property held outside of the state is known as the ancillary estate. If there is not another estate in the state of primary residence, it is known as ‘non-domiciliary probate,’ but the process remains the same.

Ancillary administration is particularly common in The Sunshine State due to the fact that so many people in the state are part-time residents with timeshares and vacation properties. Ancillary administration is particularly helpful to seasonal residents, snowbirds, and other people who travel across the country to live a certain portion of the year in Florida.

How Does Ancillary Administration Work? 

Ancillary administration is very similar to any other type of estate administration. The probate court will issue Letters of Administration to the personal representative. This personal representative is named in the will of the decedent, or will be appointed by the court. One of the biggest challenges in ancillary administration is appointing a personal representative who is qualified for the role under Florida law. If the personal representative named in the will does not qualify, typically an attorney will take on the role.

If the property in Florida has a net equity of less than $50,000, the personal representative may be able to file summary ancillary administration instead. This can shorten the process and resolve the case faster, but it relies heavily on the domiciliary estate. Still, the personal representative will have to complete the following:

• File the will and other estate documents from the domiciliary estate with the Florida probate court,
• Notify creditors,
• Respond to creditors’ claims, and
• Seek an order to distribute assets to named heirs and beneficiaries.

Our Ancillary Administration Lawyer in Tampa Can Provide the Legal Help You Need 

While any type of probate proceeding can become complicated, there are unique issues with ancillary administration.  At Messina Law Group, P.A., our Tampa ancillary administration lawyer can help you overcome the challenges these cases present so the process is as easy as possible for you. Call us today at (813) 492-7798 or chat with us online to schedule a consultation with our experienced attorney and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html