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Rights and Responsibilities of Ancillary Personal Representatives

January 5, 2018

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 of circumstances. 

 

Dealing with Florida Real Property
 

An ancillary personal representative, without order from the court, may dispose of real property located in Florida if the decedent’s will specifically grants the power to sell or mortgage the real property.

 

In addition, generally, the personal representative may sell Florida real property at a public or private sale if the personal representative concludes that such a sale is in the best interests and to the advantage of both the estate including those interested in the property.  In this situation a court must authorize the sale. 

 

Rights of Ancillary Personal Representative to Sue and be Sued

 

Lawsuits may be brought in Florida regarding Florida property against any appointed personal representative, whether foreign or not. The personal representative, as long as they are appointed in any US state or territory, may defend against any of these actions, generally with the costs being the burden of the estate with some exceptions. The Florida court will require authenticated copies of probates will or letters of administration obtained in the U.S.

 

Personal Liability of Ancillary Personal Representative

 

The ancillary personal representative may incur personal liability in certain situations. Often these situations generally arise when the ancillary personal representative fails to disclose the personal representative’s representative capacity and identify the estate in an agreement.  Also, while less frequent, the ancillary personal representative may be personally at fault for obligations arising from control of the estate or various torts that are committed over the court of the estate administration.

 

 

 

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