ANCILLARY ADMINISTRATION IN FLORIDA

Ancillary administration is a process that occurs when someone owns property in Florida but resides in another state. This is a fairly common occurrence due to the number of people who split their time between a residence in Florida and their primary residence in a different state.

When Is Ancillary Administration Used?

Ancillary administration is an additional probate process; that is to say, there will be a primary probate in the state of permanent residence – known as the domiciliary estate, and an ancillary probate in any other states where the deceased owned property. Ancillary administration is often shorter and less complicated than the administration of the domiciliary estate because it’s only dealing with the disposition of property.

Since ancillary probate is considered a secondary probate, it avoids a lot of the issues that can come up in primary probate. It’s only concerned with the disposition of property or assets located in Florida. This isn’t to say that there’s no room for dispute; there can be conflicts in any probate process. But many of the more contentious issues will be ironed out in the deceased’s state of permanent residence.

What Is the Process of Ancillary Administration?

Ancillary administration can occur in two different ways: formal administration or summary administration. Summary administration is a quicker process, but it comes with specific requirements (generally, an estate is worth less than $75,000 or the deceased died over two years ago). However, the basics are as follows:

1. A personal representative is named. This can get into tricky territory, as there are restrictions on non-residents acting as personal representatives unless certain requirements are met. Heirs can appoint someone else to serve as their personal representative who is qualified to act in Florida. Often, law firms can provide this service to limit the amount of time out-of-state heirs must spend in probate.
2. The personal representative will inform creditors. This notification can happen directly, be published in a newspaper, or both.
3. The personal representative arranges for any debts to be settled. 
4. Any remaining assets can be distributed to heirs.
5. Probate is closed.

Typically, all of this can often happen without the heirs needing to be physically present in Florida.

Do I Need a Local Lawyer?

A lawyer is required for ancillary probate in Florida. Since this is typically a less complicated type of probate, attorney’s fees are often proportionately lower than in primary probate. Make sure to hire an attorney who is experienced in estate matters. This can help the process run smoothly and efficiently.

Questions about ancillary probate? Are you looking for a local lawyer? Contact Messina Law Group today to request a consultation.