“It’s All Greek to Me”: Lex Loci Rei Sitae

In this series of blog posts, we define esoteric legal terms and explain how they are used in law.

“Lex loci rei sitae” is a Latin phrase literally meaning, “the law where the property is situated.” This term is applied by the Florida court system to the process of ancillary probate administration, which is necessitated by the death of a nonresident who has died leaving assets in Florida. Even though the state where the decedent lived at the time of his/her death might have different probate laws than us, it is the Florida Probate Code which governs the distribution of the assets, such as real estate, left in Florida.

Florida Statute §734.102 specifies what happens in an ancillary probate. “If a nonresident of this state dies leaving assets in this state, credits due from residents in this state, or liens on property in this state, a personal representative specifically designated in the decedent’s will to administer the Florida property shall be entitled to have ancillary letters issued, if qualified to act in Florida.” If the decedent died intestate (without leaving a will), standard rules for appointing a personal representative of the estate apply.

If you are the personal representative for an estate requiring ancillary probate administration, the lawyers at Bach, Jacobs & Byrne, P.A. are glad to help you. Call us now at (941) 906-1231 to schedule an appointment to discuss your options.