An Ancillary Probate (Ancillary Administration) is a probate proceeding conducted in a state different from the deceased person’s state of resident.
 

Ancillary Probate is needed when a deceased person owned property title in his/her own name (not in Trust) in a state outside of the state in which he/she resided.  This is common in vacation home states such as Florida.

 When a resident of a state other than Florida dies owning real estate in Florida a Florida Ancillary Probate case is needed to pass the Florida real estate to the beneficiaries of the will or the heirs if it is an intestate estate (died without a Will).

 For example if a person dies as a resident of New York owning a second home in his/her own name in Florida a New York probate proceedings would be opened in New York, County Probate Court.  In addition, a Florida ancillary probate proceeding will also have to be opened to transfer title to the Florida property accordingly.  Certified copies of the “Letters Testamentary” and an “Order Admitting Will to New York County Probate Court” will have to be filed with Florida Ancillary probate documents along with an exemplified copy of the Last Will and Testament of the deceased person.

A Florida Ancillary Probate may be handled as a Summary Probate proceeding or a Formal Probate depending on the value of assets located here in Florida and when the decedent passed away. 

 

Typically,  Summary proceedings can be filed if the value of the assets in Florida is under $75,000.00 in value, or the decedent died more than two (2) years ago. Formal Probate proceedings are required if the assets in Florida are valued over $75,000.00. 

 

In a Formal Probate proceeding a Personal Representative will need to be appointed for the Ancillary Probate and in most cases the Personal Representative of a Florida Probate proceeding must be a lineal descendant of the deceased person (i.e., spouse, child, grandchild, sibling, parent, grandparent, uncle/aunt, niece/nephew).

Since 1995, Glenn Law Offices has assisted with Florida Ancillary Probate Administration proceedings for many out-of-state deceased persons, as well as with Trust Estate Administration and other Florida Probate proceedings in Broward County Probate Courts, Palm Beach County Probate Courts and some surrounding Florida Probate Courts. Links to South Florida Probate Courts are listed below for additional information.