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Ancillary Probate Administration

Florida Ancillary Probate Administration

Many people do not realize that when a will is submitted for probate, the probate court only has jurisdiction over assets within that state. If the deceased owned property in another state and did not make provisions for that property to pass outside his estate, the administrator of the estate will be required to open a separate probate case in that state. This type of proceeding is called “ancillary probate administration,” since it is in addition to the primary estate case.

In most cases, the attorney handling the local probate administration will not be able to assist with the ancillary probate case due to differences between state laws and state-specific licensing requirements.

When Ancillary Probate is Required

Ancillary probate cases are common in Florida due to the high number of seasonal residents and others who own vacation or rental property in the state. 

For example, if a New Jersey resident with a winter condominium in Florida passes his property through a will or through intestate succession, an ancillary probate case must be filed in Florida to distribute the condominium to his heirs and attend to any other necessary business, such as settlement of debts.

Although it is possible to structure holdings in such a way that ancillary probate is not required, the most common means of passing out of state property to heirs will require ancillary probate.

Contact an Experienced Florida Probate Attorney

If you’ve recently lost a loved one and are now attempting to manage probate administration in two or more states, give yourself the advantage of an experienced Florida probate attorney. 

Fill out the form or call (386) 272-7445 right now to schedule a consultation.

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