FLORIDA PROBATE ATTORNEY
Administration & Litigation Throughout the State of Florida
ANCILLARY PROBATE ADMINISTRATION IN FLORIDA
Marc J. Soss, Esq. | (941) 928-0310
Florida Ancillary Probate Administration ("Non-Florida Resident Probate Administration") is the process necessary when a non-Florida resident passes away owning real estate in Florida. If probate proceedings have been commenced in the decedent's state of residence an exemplified transcript (copy of the decedent's Will and Letters Testamentary) of the probate proceedings will be required by the Florida probate court to open the Ancillary Florida Probate Estate. Methods to Avoid Florida Ancillary Probate: There are several methods that may be utilized to avoid Florida Ancillary Probate Administration of your out of state property. Each method is contingent upon your family situation and who you want to receive the real estate or tangible personal property upon your death. Married Owners - Married owners should have title to their real estate or tangible personal property placed into joint names with his or her spouse. The title should read "with rights of survivorship" or "as tenants by the entirety." However, if you and your spouse die in a common accident, the the property will need to be probated.
Commencement of the Ancillary Florida Probate proceeding will allow the Florida Personal Representative (can be the same as the decedent's home state administrator) to transfer title of the decedent's Florida property. An Ancillary Florida Probate may be handled as a Summary Probate proceeding or a Formal Probate depending on the value of assets located here in Florida and when the decedent passed away. The Ancillary Florida proceeding will be commenced in the county of the decedent's real property.
Unmarried Owners or Nonspouse Beneficiaries - Whether you are single or married, or if you want someone other than your spouse to inherit your out of state property, then you must title the real estate or tangible personal property in joint names with rights of survivorship with the other individual. This will insure that title passes solely to them upon your death.
Revocable Trust - Titling your out of state real property into the name of your revocable trust will avoid the necessity of ancillary probate. Upon your death, the Trustee can transfer the real estate or tangible personal directly to the beneficiaries named in the Revocable Trust.