Ancillary Administration in Florida

Ancillary Administration in Florida with MTM Law Firm

STEP ONE: Personalized Consultation & Case Review

The process starts with a thorough evaluation to analyze your specific circumstances. We will evaluate the estate of the deceased to decide if additional probate in Florida is needed. Our team will verify the necessary steps for real estate, personal property, or credits in Florida and explain the responsibilities of the personal representative.

STEP TWO: Efficient Filing of Ancillary Administration Documents

We'll efficiently prepare and file the ancillary probate petition, ensuring compliance with Florida law and minimizing delays. We also handle creditor claims, meeting all statutory obligations.

STEP THREE: Court Approval & Asset Transfer

Upon the court's approval of the ancillary petition, MTM Law Firm facilitates the transfer of property or assets to the designated beneficiaries. Whether the estate includes a winter home, real estate, or other assets, we’ll ensure all administrative procedures are completed. From distributing assets to filing the necessary documents, we’re by your side to ensure a smooth, compliant process.

Why Choose Ancillary Administration in Florida?

When a loved one passes away with property in Florida but resided elsewhere, ancillary administration offers a focused and efficient solution. It's designed to handle the Florida-specific aspects of the estate, allowing for the seamless transfer of assets and resolution of any outstanding matters within the state.

Streamlined Process

Ancillary administration often proceeds similarly to formal probate in Florida but with a narrower focus on the Florida estate. This can lead to a faster and less complex process compared to full probate administration across multiple states.

Clear Legal Framework

The legal system in Florida establishes a structured process for handling ancillary administration to ensure compliance with all legal obligations and respect for the deceased's desires. Our skilled probate lawyers will lead you through each stage, making sure to follow the rules and reduce wait times.

Expert Representation

Ancillary administration often involves coordinating with the domiciliary estate's personal representative and navigating potential creditor claims or disputes. At MTM Law Firm, we'll provide you with the expert representation you need to protect your interests and ensure a smooth resolution.

If you have questions about Probate Ancillary Administration issues, call 863.250.2990 today to schedule your Free Consultation with our Probate attorneys.

Frequently Asked Questions Regarding Ancillary Administration

How is an Ancillary Administration different from a regular Florida probate?

Ancillary Administration is a specialized probate proceeding required when a non-Florida resident dies owning real estate or other qualifying assets in Florida. The primary difference is the decedent's domicile: regular Florida probate applies if the decedent was a Florida resident, while ancillary probate applies if they were a resident of another state. Per Florida Statute §734.102, the purpose of ancillary administration is solely to address the in-state assets, such as a vacation home or bank accounts held in Florida. Regular probate (called domiciliary administration) is the main case, managing all worldwide assets, whereas the ancillary case is a secondary, supportive one. The ancillary process itself largely follows the same steps as a Formal Administration in Florida, including the appointment of an ancillary Personal Representative and handling creditor claims. However, to begin the case, the petitioner must file authenticated copies of the probate proceedings from the decedent’s home state. Upon conclusion, the Florida court may order the remaining property to be transferred to either the beneficiaries or to the domiciliary personal representative for final distribution. Ultimately, both are court-supervised processes, but ancillary administration is driven by the physical location of the assets, not the decedent's residence.

What are some ways to title property to avoid ancillary administration in the State of Florida?

A key method for non-residents to avoid Florida Ancillary Administration is by placing the property into a Revocable Living Trust. When a trust owns the Florida real estate, the property passes seamlessly to the designated beneficiaries upon death without court intervention. Another highly effective tool is the Enhanced Life Estate Deed, commonly known as a Lady Bird Deed, which is unique to Florida law. This deed reserves the owner's right to live on, sell, or mortgage the property during life, while automatically transferring the title to the remainder beneficiary upon death. Alternatively, non-residents can take title as Joint Tenants with Right of Survivorship with another person, which ensures the property passes instantly to the surviving joint owner outside of probate. Transferring ownership of the property to a business entity, such as a Limited Liability Company (LLC), can also convert real property to personal property, thus circumventing the need for real estate probate. These strategies focus on creating a non-probate transfer mechanism, allowing the assets to bypass the costly and time-consuming ancillary court process. Financial assets like bank accounts and investment accounts should utilize Payable-on-Death (POD) or Transfer-on-Death (TOD) designations to avoid ancillary administration for those specific assets. Utilizing any of these tools requires consultation with a Florida-licensed attorney to ensure proper drafting and adherence to current Florida statutory requirements.

Do all out-of-state residents with Florida property need an ancillary administration?

No, not all out-of-state residents who own property in Florida will necessarily require a formal ancillary administration. The need for ancillary probate primarily depends on how the Florida property was titled and whether it is a "probate asset." Specifically, ancillary administration is generally mandatory if the deceased non-resident owned real estate, such as a home or vacant land, solely in their individual name. It is also triggered by other Florida-based assets, including bank accounts without a transfer-on-death designation, that were owned outright by the decedent.

However, ancillary probate can be avoided entirely if the real estate was titled in the name of a Revocable Living Trust before death. Similarly, if the property was held with another person as Joint Tenants with Right of Survivorship or Tenants by the Entirety (for married couples), it passes automatically to the surviving owner. Furthermore, a non-resident who used a Florida Enhanced Life Estate Deed (Lady Bird Deed) also avoids the probate process for that specific real estate asset. In cases where ancillary probate is required, a simplified Summary Ancillary Administration may be available if the total value of the Florida probate assets is less than $75,000 or if the decedent has been deceased for more than two years.

What is an "authenticated" or "exemplified" copy of the will or probate documents in the State of Florida?

An "authenticated" or "exemplified" copy, in the context of Florida ancillary administration, refers to a certified set of probate documents from the decedent's home state. These terms essentially mean the documents must be formally verified as true and complete copies of the originals on file with the foreign court. Specifically, Florida Probate Rule 5.470 requires a petition for ancillary letters to include an authenticated copy of the domiciliary (home state) proceedings. This authenticated copy, often called an exemplified copy, must contain the will, the petition for probate, the order admitting the will to probate, and the letters of appointment for the foreign personal representative. The documents are typically authenticated by the clerk of the original court, who certifies that the documents are accurate and complete copies of the court record. This multi-level certification, often including the judge's signature, ensures compliance with legal requirements like the Full Faith and Credit Clause. This rigorous standard is required because the Florida court is relying on the legal findings and orders of another state or country to proceed with the local transfer of property. Without proper authentication, the foreign probate documents will not be accepted to establish the authority of a personal representative in Florida.

What kinds of assets require ancillary administration in the State of Florida? Is it just real estate?

No, ancillary administration in Florida is not exclusively required for real estate, though real property is the most common trigger. Current Florida law broadly requires ancillary administration if a nonresident of the state dies leaving "assets in this state." According to Florida Statute §734.102, this mandatory process is also initiated if the decedent leaves "credits due from residents in this state" or "liens on property in this state." Therefore, while real estate like a second home or investment property is the primary concern for ancillary probate, tangible personal property is also included. This can encompass titled assets such as a boat, mobile home, or motor vehicle registered in Florida, if they are solely in the decedent's name. Certain financial assets, like bank accounts without a pay-on-death (POD) designation, may also require ancillary administration to be legally accessed. However, assets with a named beneficiary or a right of survivorship, such as joint bank accounts or property held in a trust, will typically bypass the entire probate process, including the ancillary one. Ancillary administration is required to legally transfer ownership of these local, non-probate-exempt assets to the beneficiaries or to the decedent's main (domiciliary) estate.

Probate and Ancillary Administration Lawyers serving Polk County Florida, including: Lakeland, Winter Haven, Bartow, Auburndale, Babson Park, Bowling Green, Bradely Junction, Brewster, Combee Settlement, Crooked Lake Park, Crystal Lake, Cypress Gardens, Davenport, Dundee, Eagle Lake, Fort Meade, Frostproof, Fussels Corner, Gibsonia, Green Pond, Haines City, Highland Park, Highlands City, Hillcrest Heights, Jan Phyl Village, Inwood, Kathleen, Lake Alfred, Lake Hamilton, Lake Wales, Lakeland Highlands, Mulberry, Polk City, Willow Oak, Wahneta, Waverley, Hillsborough County Florida, including: Tampa, Brandon, Plant City, Citrus Park, Temple Terrace, Apollo Beach, Balm, Bealsville, Bloomingdale, Cheval, Dover, Egypt Lake-Leto, Fort Lonesome, Gibsonton, Greater Carrollwood, Greater Sun Center, Gulf City, Hopewell, Keysville, Lake Magdalene, Lithia, Lutz, Mango, Orient Park, Palm River-Clair Mel, Pebble Creek, Progress Village, Riverview, Ruskin, Seffner, Sun City, Thonotosassa, Town 'N Country, Turkey Creek, Valrico, Westchase, Wimauma, Ybor City, Orange County Florida, including: Orlando, Maitland, Apopka, Winter Park, Alafaya, Bay Lake, Belle Isle, Bithlo, Christmas, Doctor Phillips, Eatonville, Edgewood, Fairway Shores, Goldenrod, Gotha, Hunter's Creek, Lake Buena Vista, Lockhart, Meadow Woods, Oakland, Ocoee, Orlovista, Pine Castle, Pine Hills, Southchase, South Apopka, Taft, Tangerine, Union Park, Wedgefield, Williamsburg, Windermere, Winter Garden, Zellwood, Central Florida and throughout the State of Florida.