As a Florida property owner, one of the key aspects of estate planning you need to understand is the concept of ancillary probate. While most people are familiar with the general probate process, ancillary probate applies when you own property in multiple states, including Florida. This process can add layers of complexity and cost to estate administration. In this blog, we’ll break down what ancillary probate is, why it’s important for property owners in Florida, and how it can impact the distribution of your estate.
What is Ancillary Probate?
Ancillary probate is a legal process that occurs when someone passes away owning property in a state other than the one where they lived. In Florida, if a deceased person owned real estate, or other assets falling under the jurisdiction of another state, ancillary probate would be required in that state to transfer the property to the beneficiaries.
While the primary probate proceeding takes place in the state where the deceased lived (known as the “domiciliary probate”), ancillary probate is initiated in the state where the property is located. The goal is to ensure that the deceased’s out-of-state assets are properly distributed according to their will or Florida’s intestate laws if no will is present.
Why Is Ancillary Probate Important for Florida Property Owners?
If you are a property owner in Florida and have assets in other states, ancillary probate becomes an essential consideration for your estate plan. Here’s why it matters:
- It Ensures Proper Transfer of Out-of-State Assets
Ancillary probate is required to transfer ownership of assets located outside of Florida. Whether you own property in another state for investment purposes or as a vacation home, ancillary probate will ensure that those assets are distributed to your beneficiaries. - Avoid Delays and Additional Costs
Ancillary probate can significantly delay the distribution of assets, adding another layer of complexity to the process. Each state involved will have its own probate court, which means additional court filings, legal fees, and potential complications. If you own multiple properties across different states, ancillary probate could make the estate administration process much more time-consuming and costly. - Ensures that Your Will Is Honored in All States
If you have a property in Sarasota, Bradenton, Lakewood Ranch, North Port, or other Florida cities, it’s crucial to have a well-drafted estate plan. Ancillary probate ensures that your will or trust is recognized and honored in all locations where you own property, helping to avoid confusion or disputes among your beneficiaries.
How Ancillary Probate Works in Florida
If you own property in Florida and other states, you will need to go through both domiciliary probate (in the state where you reside) and ancillary probate (in any other state where you own property). Here’s how it works:
- Primary Probate
The primary probate process begins in your state of residence, where your estate is administered, your debts are paid, and your assets are distributed according to your will or state laws. - Ancillary Probate
After the primary probate proceeding, an ancillary probate action is filed in each state where the decedent’s real property is located. In Florida, this involves filing a petition in the local probate court in the county where the Florida property is located (e.g., Sarasota, Bradenton, Lakewood Ranch, or North Port). The Florida court will then validate the will and execute the necessary documents to transfer ownership of the out-of-state property. - Asset Distribution
After ancillary probate is completed, the property in question can be transferred to the beneficiaries or heirs. This process may involve several months or even years depending on the complexity of the estate and the number of ancillary probate locations involved.
How to Avoid Ancillary Probate
While ancillary probate is necessary when you own real property in other states, there are ways to avoid it:
- Create a Living Trust
One of the best ways to avoid ancillary probate is by placing your out-of-state assets into a revocable living trust. This allows for the direct transfer of property to your beneficiaries without the need for probate, both in your state of residence and in other states. - Joint Ownership
Owning property jointly with another person, such as a spouse, can bypass probate entirely. Joint ownership with rights of survivorship ensures that property passes directly to the surviving owner. - Beneficiary Designations
For assets like life insurance policies, retirement accounts, and bank accounts, consider designating beneficiaries directly. These assets generally pass outside of probate, making ancillary probate unnecessary.
Conclusion
For Florida property owners with assets in other states, ancillary probate is an important aspect of estate planning that should not be overlooked. Whether you own real estate in Sarasota, Bradenton, Lakewood Ranch, North Port, or beyond, understanding the process and working with an estate planning attorney to avoid unnecessary probate is essential. At Bart Scovill, PLC, we can help you navigate ancillary probate and create an estate plan that minimizes delays, costs, and stress for your loved ones.
