Ancillary Probate Attorney | Hollywood, Florida
An Ancillary Probate (Ancillary Administration) is a probate proceeding conducted in a State different from the deceased person’s State of residence. Ancillary Probate is needed when a deceased person owned property titled 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 appropriate heirs, if it is an intestate estate (without a Will). For example, if a person dies as a resident of New York, while owning a second home in his/her own name in Florida, then a New York probate proceeding would be opened in the New York Probate Court. Additionally, a Hollywood Florida Ancillary Probate proceeding would also have to be opened to transfer the title of the Florida real estate property. Certified copies of the “Letters Testamentary” and an “Order Admitting Will” to the New York Probate Court would have to be filed with the Florida Ancillary Probate documents, in Florida, along with an exemplified copy of the Last Will and Testament of the deceased person.
A Florida Ancillary Probate could be handled either as a Summary Probate proceeding or a Formal Probate proceeding, depending upon the value of assets located here in Florida and when the decedent passed away. Summary proceedings are allowed, if the value, of the assets in Florida is under $75,000.00, or if 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 in 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).
In Hollywood, Florida, Ancillary Probate is common due to the number of out-of-state property owners. Our team will work with you and your own state’s lawyer to ensure your property is sold or transferred to your designated benefactor, as per your wishes. These types of instances can get somewhat complicated, therefore, having someone who has lengthy experience, as our team does, is the best way to ensure the process goes smoothly.