When a loved one dies while living in another state, but at the time of death owned assets in Florida, was due credits from Florida residents, or had a valid lien on a Florida property, a probate proceeding may be necessary in Florida. This type of proceeding is called Ancillary Proceeding.
An ancillary proceeding is akin to a regular probate proceeding as far as procedure goes, but it is essentially a counter-part to the proceeding in the state of the decedent’s residence (if there is one). If the proceeding is testate, meaning that the decedent died with a valid will, and the will has been admitted to probate in the jurisdiction of the decedent’s residence at the time of death, then the Florida court would require an authenticated copy from the court of residence. If the proceeding is intestate, the Florida court would probate the decedent’s assets via relevant statute.
Depending on the size of the Florida assets, the Ancillary Probate in Florida may require a personal representative or executor who is qualified to serve in Florida, to be appointed to administer the ancillary estate. In certain circumstances, the personal representative who was appointed in the foreign jurisdiction, may be able to serve as the personal representative of the Florida Ancillary Probate, as well.
Just like a personal representative of a domiciliary probate proceeding, the personal representative to an ancillary probate proceeding must be represented by an attorney licensed to practice law in Florida. And just like a personal representative of a domiciliary probate proceeding, the personal representative of an ancillary probate proceeding is entitled to compensation from the estate assets.
If you’ve been named a personal representative of an ancillary probate proceeding, or are dealing with assets of a loved one who passed away while living in another state but owned property in Florida, please give us a call so we can assist with ensuring your loved ones property is properly distributed, according to law.
Call me today to discuss your options at (561) 600-8843; or book an appointment right from this website.