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Beginning an Ancillary Probate Proceeding in Florida

Venue for an Ancillary Probate Proceeding in Florida

The venue for Florida ancillary probate proceedings is in any Florida county where either the decedent’s property is located or if there is no Florida property then where any debtor of the decedent resides.

Beginning an Ancillary Probate Proceeding Requirements

There are numerous requirements and steps that a petitioner for ancillary probate must take to open an ancillary probate proceeding in Florida. These include

  • Filing an oath: A Florida personal representative must file an oath to “faithfully administer the estate of the decedent.”

  • Posting a bond if required: A Florida ancillary personal representative may be required to give bond unless the decedent’s will or the probate court waives the bond requirement. Different circuits have different requirements regarding this process so its best to have counsel contact the clerk and inquire as to that circuit’s practice.

  • Filing the petition for Ancillary Administration: Any interested person may petition to open an ancillary probate proceeding in Florida which is defined as “any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved.” This person must follow the following steps:

  • Testate Estates - For a testate estate, an ancillary probate petition must include an authenticated copy of the portion of the domiciliary proceedings necessary to show the will, the petition for probate, the order admitting the will to probate, and of course the authority of the personal representative.

  • Intestate Estates – The petition requires an authenticated copy of the domiciliary proceedings that show the petition for administration and the authority of the personal representative.

  • Giving notice: The petitioner must give notice of the petition for ancillary administration to all known persons qualified to act as an ancillary personal representative and all domiciliary personally representatives not waiving or joining in the petition.

  • Interested parties may generally waive notice under certain circumstances and conditions which can make the probate process faster and more efficient. Please discuss this with your attorney.

  • Filing the decedent’s death certificate: The ancillary personal representative must file decedent’s official record of death in the court with jurisdiction over the ancillary probate proceeding.

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