Ancillary Probate When There is No Will

Question:     What happens to real estate in Florida if the owner is an out-of-state resident who dies without a will?

Answer:    When someone dies without a will or ‘intestate’, there is no will to file with the court.  However, the real estate in Florida may have to be dealt with in Florida’s probate courts through “ancillary administration” of the estate.  Ancillary administration is usually required when the Florida real property is titled solely in the name of the decedent. First, probate must be commenced in the out-of-state county where the decedent lived, called “domiciliary proceedings.”  To commence the ancillary administration in Florida, the petition for administration and the court order appointing a personal representative in the other state will need to be filed with the Florida court where the real estate is located.  These documents from the domiciliary proceedings must also be “authenticated,” meaning  it must have a court seal from the out of state court as well as language that the document is a certified or authenticated copy of the original.  The team at Bach & Jacobs handles ancillary estate administration in Florida for non-resident estates.  Contact the firm if you need assistance with ancillary administration.