Ancillary probate is a legal process often necessary when a deceased person owns property in multiple states. If you have recently lost a loved one and they owned real property in Florida, you may be facing the need to go through ancillary probate in this state. The process can be confusing, but with the right information and guidance, it can be navigated successfully. In this article, you will gain a comprehensive understanding of what ancillary probate is, why it is necessary, and how it works in Florida. From identifying assets to distributing them to the rightful heirs or beneficiaries, you will learn about each step in the process. Whether you are a personal representative or a beneficiary, this article will provide you with the information you need to successfully navigate ancillary probate in Florida.
What is Ancillary Probate?
Ancillary probate is a legal process that is necessary when a deceased person owns real property in more than one state. In Florida, ancillary probate is necessary if the deceased person owned real estate in this state at the time of their death.
The purpose of ancillary probate is to distribute the deceased person’s assets in Florida to their rightful heirs or beneficiaries. This process is similar to regular probate but with some key differences.
Opening an Ancillary Estate
The first step in ancillary probate is to appoint a personal representative in Florida. This person will be responsible for handling the deceased person’s assets in the state and distributing them according to the terms of the will or applicable laws of intestacy. The personal representative must be a resident of Florida or a relative of the deceased person. A professional can be used if no one else qualifies for this position.
Once the appropriate personal representative has been selected, they must open the ancillary probate estate by filing the necessary documents with the Florida probate court. This includes a petition for ancillary administration, a copy of the deceased person’s death certificate, any relevant documents related to the deceased person’s will or other estate planning documents, and court documents from the domiciliary probate in their home state.
Administering the Estate
After the ancillary probate estate has been opened, the personal representative must identify and locate all of the deceased person’s assets in Florida. This usually only includes real estate. The personal representative must also notify any creditors of the deceased person of the ancillary probate proceedings and give them an opportunity to make a claim against the estate if the deceased person has been dead for less than two years.
Distributing the Estate
Once all of the assets have been located and all claims have been resolved, the personal representative can distribute the assets according to the terms of the will or applicable laws of intestacy. This may involve selling property, distributing cash, or transferring ownership of assets to the rightful heirs or beneficiaries.
Conclusion
In conclusion, ancillary probate is an important process for anyone who owns real property in Florida at the time of their death. It ensures that their assets are distributed according to their wishes or the laws of the state and helps to prevent disputes among their heirs and beneficiaries. If you have questions about this procedure, it is recommended that you consult with a probate attorney for guidance and assistance.
