When is ancillary administration necessary for non-Florida residents who die owning real estate in Florida?

Question:     When is ancillary administration necessary for non-Florida residents who die owning real estate in Florida? What are the options for ancillary administration?

Answer:    When a resident of another state dies owning real estate in Florida titled in the decedent’s name, probate proceeding must be commenced to validly transfer the property after the death.  This is the case even if a personal representative has been appointed in the decedent’s home state.  If the decedent left a will, any person may petition to admit the Foreign Will to Record in the Florida County where the property is located.  The person petitioning for admission of the will should have “authenticated copies” (learn more about authenticated copies here).  The probate court will appoint an ancillary personal representative who is qualified under the Florida Probate Code who will administer the ancillary probate for the Florida estate. There are other options available to certain ancillary estates that have  values less than $50,000 called short form ancillary administration.  There is also a proceeding called summary administration available to estates with property subject to Florida probate that are worth less than $75,000.  If you are seeking to administer the Florida assets of a non-Florida resident decedent who has died, contact Bach & Jacobs, P.A. to learn which options are available to you under Florida Law.