Summary Administration for an Ancillary Probate Estate

Question:  I am the personal representative for someone who died out of state and is not a Florida resident.  However, the deceased owned land in Sarasota County.  Do I need to open an ancillary probate in Sarasota?  If so, does it have to be the full formal probate or can it be the expedited administration?
Answer:    Even if the decedent’s estate is administered by an out-of-state probate court, assets located in Florida, especially real estate, may have to be administered by Florida’s probate courts.  An ancillary probate in Florida may be handled in an expedited way (called a “summary probate”) or a formal probate depending on the facts of the case and the value of the assets.   Bach & Jacobs, P.A. frequently assist people with Florida ancillary probate administrations.  If the real estate is titled solely in the name of a decedent, then there is no alternative to probate to correctly transfer title upon sale or transfer to the heirs. If you need assistance with the probate of a non-Florida resident’s estate assets in Florida, contact Bach & Jacobs at (941) 906-1231.  We can review your case and let you know if summary probate or formal probate is appropriate for your particular Florida ancillary probate proceedings.