Probate - Ancillary Administration
Probate is an oft-dreaded process due to the extensive cost and time involved. Even though most estates must go through some form of probate in order to be finalized, you don’t always need to go through the lengthy process of formal administration.
There are different types for different situations, each with varying degrees of difficulty. Ancillary administration is a specific type of probate required when someone owns Florida property but lives in a different state. While this may seem like a pretty straightforward process, there are many rules and qualifications that must be met.
Our dedicated and caring attorneys and staff will help you get through this successfully, with as little added stress as possible. We accomplish this, in part, with our flat-fee prices, because the last thing you want to worry about during this time are surprises.
What is ancillary administration?
Ancillary administration is required for property in Florida that belonged to someone who resided in another state at the time of their death. In these situations, Florida law stipulates that this is necessary for the property to be passed on to the beneficiaries. There are numerous conditions placed on the execution of this type of administration, and atCause Law Office can determine if all the conditions are being met and the estate is ready to go through ancillary administration.
What is required during ancillary administration?
A personal representative, or executor, is required for this process. Many wills include the appointment of a representative, and Florida law does allow that person to act in that capacity for the ancillary administration given they meet the state’s requirements. If you have been appointed as executor or representative of a will and are unsure whether you meet the statutory requirements, we would be happy to address these concerns.
It is also important to note that if an out-of-state lawyer has been hired to handle other probate affairs, the lawyer that handles the ancillary administration must be licensed in Florida.
What documents are needed to file?
Once you are sure that you meet the state’s requirements for executor duties, you will want to compile all the necessary documentation to file for ancillary probate. Without everything in place at the right time, you may face longer deadlines and prolonged stress. At a minimum, you should have:
The Last Will and Testament
Letters of administration
A probate petition
An order to admit the will
Multiple copies of the certified death certificate
In some circumstances, you will need additional forms or information, including a copy of the Florida deed, names of beneficiaries, and an inventory of the property in question.
We realize this is a lot to prepare and you may be unsure if you have completed all the necessary steps. Please feel free to reach out to us at 727-477-2255 for assistance with your ancillary administration.