How Long Does Ancillary Probate Take in Florida?
Guidance on Ancillary Probate for Non-Resident Decedents in Florida
When individuals who are not Florida residents pass away while possessing property within the state, it necessitates the initiation of an ancillary probate proceeding in Florida. This is in conjunction to the primary probate process conducted in the decedent’s state of residence.
Duration of Ancillary Probate Proceedings in Florida
The timeframe for ancillary probate in Florida is not fixed and is subject to several variables. These include the value and complexity of the decedent’s Florida-based assets, the level of harmony or contention among heirs, and the current caseload of the Florida courts. Typically, the process may take anywhere from eight months to one year to resolve.
Streamlined Ancillary Probate Option
Florida law permits a streamlined version of ancillary probate for estates where the deceased’s Florida assets are valued at $50,000 or less and where the will has already been admitted to probate in another jurisdiction. This abbreviated process, governed by Florida Statute §734.1025 and 734.104, becomes available when the death occurred more than two years prior.
For expedited proceedings, the estate’s representative must furnish the probate court with a certified copy of the will, a complete beneficiary list, and a notice to creditors published in accordance with Florida law. Should any creditor lodge a claim, the process may revert to a full ancillary probate.
Essential Documentation for Florida’s Ancillary Probate
Efficient progression of the ancillary probate hinges on the provision of key documents to your probate attorney in Florida, which include:
- The original last will and testament.
- The certified copy of the death certificate.
- An inventory of all Florida property held in the decedent’s name.
- A detailed list of any outstanding debts and creditor claims against the estate.
Conclusion
Filing for ancillary probate in Florida is mandatory for personal representatives managing the estate of a non-resident decedent with property in Florida. Although some probate affairs may appear straightforward, complexities can arise, making the engagement of a proficient Florida probate attorney advisable. Doing so not only streamlines the process but also potentially yields cost and time savings.
