Ancillary Administration
IN CORAL SPRINGS, FL
Ancillary Administration
An ancillary administration is needed when the person who has passed away lives in another state but owns property in Florida. With all the snowbirds who have second homes in the Sunshine State, this is a common form of probate here.
Primary probates are always filed in the state where a person officially lives (that is, where they work, vote, have a driver’s license, and the like). So if someone lives in New Jersey and needs to have their estate probated, their primary probate will take place in New Jersey, even if they were at their second home in Florida when they died.
But the estate in another part of the country cannot probate their Florida property. In order to legally transfer the property (or their portion of the property, if it is held “in common” with another) to their heirs, an ancillary administration must be done in Florida.
To begin the process, an estate must be opened in the state where the owner lived. Then a probate attorney can open the ancillary probate in Florida.
The probate attorney files an authenticated copy of the will that was filed in the home state, along with the probate petition filed in that state (assuming that state requires one), the death certificate and other documents. If the personal representative serving in the home state meets the requirements for a PR under Florida law (e.g., they must be a relative of the deceased, or a resident of Florida), the court will appoint them as the personal representative in the ancillary proceedings, too.
The best way to avoid needing an ancillary probate for your own property in Florida, if you are a resident elsewhere, is to be sure the title of the property is a “joint tenant with right of survivorship” with someone else, or some form of a “life estate” deed, or that it is placed inside a revocable living trust.
Hiring an experienced probate attorney is necessary to smoothly discharging an ancillary administration in the state of Florida. The Law Office of Gary Landau, rated 10 out of 10 on the legal website AVVO, has successfully practiced Florida probate law for more than 20 years. The firm can handle probates in any county in the state of Florida. Contact us by phone or email for a FREE consultation to learn more about our firm or what we can specifically do for you. Attorney Gary Landau personally returns all calls to him.
Schedule a Consultation Today
Call (954) 417-1824 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.
*Required Fields
- Your Information Is Safe With Us.
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
Why choose Gary M. Landau?
- Five Star Reviews – Our clients give us numerous five-star reviews on Google, Avvo, and other websites.
- Experienced – The Law Office of Gary M. Landau, P.A. has provided probate, real estate, and estate planning services for clients since the 1990s.
- Serves the Entire State of Florida – We probate estates in every county in Florida, depending on where the deceased person lived or has assets.
- Online, Phone, and In-Person Options – Meet with our attorney and staff in person, over the phone, or by Zoom with our flexible options.
- Personal Service – Attorney Gary M. Landau personally returns phone calls made to him.
- Free Consultation – Call or email to discuss your probate or real estate needs free of charge.
Real Clients, Real Testimonials
Contact Us
Please fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.
*Required Fields
- Your Information Is Safe With Us.
Recent Blog Posts
Do I Need a Probate Lawyer in Florida?
Florida Probate Firm Helps Families Navigate New Summary Administration Law
Do You Have to Pay Taxes on Inheritance in Florida?
