Rights and Responsibilities of Ancillary Personal Representatives
Personal representatives appointed in Ancillary Probates have the same rights, powers, and authority as all personal representatives in Florida to manage estates including but not limited to the ability to sell, lease, or mortgage local property and raise funds for the payment of debts, claims, and devises in the domiciliary jurisdiction. They still must pay close attention to Florida Statutes that bar or apply certain limitations on exercising these powers during a variety
What is required for an Ancillary Probate in Florida
Many clients may wish to avoid an ancillary probate proceeding but it is often necessary to transfer property and assets to the proper heirs. An ancillary probate in Florida is only required if the estate meets certain conditions and criteria. An ancillary probate proceeding is most likely required in Florida if the decedent both: Was not a Florida resident of Florida at death. Died owning Florida property. Who is considered a non-resident for Ancillary Probate purposes? Loc
When is an Ancillary Probate required in Florida?
When a non-resident of Florida, whether a U.S. Citizen or foreigner, dies leaving assets in Florida such as property or a timeshare, an ancillary probate proceeding in Florida may be require to dispose and transfer the Florida property to the proper heirs. The Florida ancillary probate proceeding is subject to Florida law and is generally brought after or during the probate estate proceeding taking place in the decedent’s state of residence at time of his or her death. Howev