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Ancillary probate administration

What is summary ancillary administration?

By Probate

Summary ancillary administration is a type of ancillary probate in Florida (as a reminder, ancillary probates are generally necessary when a nonresident of Florida dies leaving real property in Florida). As defined in the Florida Probate Code, to qualify for this form of ancillary probate, the following criteria must be met:

  • The decedent had a Will
  • The decedent was not a resident of Florida
  • The decedent died less than two years ago
  • The decedent’s assets have a gross value of no more than $50,000
  • The personal representative was appointed by an out-of-state court
  • The pleadings from the foreign state probate court are available to be filed in a Florida court

In a summary ancillary administration, it is not necessary for a Florida personal representative to be appointed. However, the personal representative from out of state may file the transcript of the original probate proceedings with the Florida circuit court of the county where the decedent’s property remains, and he/she may also publish a notice of administration to all creditors and interested parties of the decedent’s Florida assets.

If you are a personal representative in need of probate guidance, the highly-skilled and experienced attorneys of Bach, Jacobs & Byrne, P.A. are here to assist you. Call us at (941) 906-1231 to set up an appointment.

June 17, 2019
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My Will was drawn up in another state. Is it still valid in Florida?

By Estate Planning, Probate

If your Will was valid in the state where it was written, it should be valid in Florida, with some exceptions. However, property laws do vary from state to state. For instance, one significant distinction between states when it comes to property law is whether they are considered “common law” states or “community property” states. In the former, the property of each spouse belongs to each individually – in the latter, the property is shared.

Another important thing to consider: not every state accepts all types of Wills as valid. For instance, Florida does not recognize either “nuncupative” or “holographic” Wills. Nuncupative Wills are spoken to two witnesses and then written down by those witnesses; holographic Wills are written in the handwriting of the deceased without witnesses.

If you have recently moved to Florida and want to make sure your Will is valid in Florida, the lawyers at Bach, Jacobs & Byrne, P.A. are happy to help. Give us a call at 941-906-1231.

November 15, 2018
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“It’s All Greek to Me”: Lex Loci Rei Sitae

By Probate

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.

August 23, 2018
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