Probate of Estates of Non-Florida Residents

Probate Lawyers in Lakeland Florida. We Provide experienced Probate Legal Services in Polk County, Central Florida and the entire State of Florida.

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June 7, 2024

The National Association of Home Builders estimates there were 1.04 million properties in the State of Florida serving as "second homes" or "vacation homes" as of 2020, an amount that comprises over 1/10th of all second home properties in the United States. Suffice to say, if the Personal Representative of an estate in the probate process in any particular state comes to discover that the decedent owned a second home, the likelihood that their second home property is in Florida is higher than it being anywhere else.

Working in Florida Probate, we are often approached by heirs who are surprised to find out that their own probate attorney in their home state is unable to guide them through the process of transferring Florida real property and that they must seek out the services of a Florida Attorney to do so. For real property matters, legal jurisdiction is defined by where the property is physically located and not based on residency, so every home located in the state of Florida that is owned by an estate in another state must be probated in Florida court via a process called Ancillary Administration.

Ancillary Administration is a subclass of probate that occurs in both Summary and Formal Administration proceedings based on the geographical location of assets. Even if a person lived their entire life in the state of Michigan, for example, but owned a vacation or rental property in Florida, when it comes time to probate their estate, any Personal Representative of such an estate will need to retain a Florida Attorney to file Ancillary Administration to dispense with their Florida property. This applies to any type of owned real property, from single-family homes to mobile homes to condominium properties. Personal Representatives of out-of-state estates will require the services and expertise of a Florida attorney when it comes to Ancillary Administration because while Ancillary Administration functions as an extension of probate proceedings in another state, it is still governed by Florida's own probate rules.

The first step when dealing with Ancillary Administration will be to obtain copies of all relevant probate documents from the probate court of the decedent's home state, including any Judicial Orders appointing Personal Representative and Letters of Administration. These documents will serve to prove the capacity and authority of any person claiming to represent the interest of an estate just as they would in any other type of probate. These documents, along with a copy of the decedent's death certificate will be filed in the circuit court of the County in which the property is situated and will be issued a case number from that County's clerk of court. If the decedent died with a valid will in place, a certified copy of that will issued from the court of the decedent's residence will also need to be filed.

Along with these documents, we will file a Petition for Ancillary Administration stating the reasons why Ancillary Administration is necessary. Once all of these documents have been filed and reviewed by the court, the Judge will issue Ancillary Letters of Administration which serve to extend the authority of the Personal Representative to transfer or sell property in the state of Florida. In Florida, just as in many other states, a Personal Representative, unless specifically directed otherwise by the decedent's will, will have the authority to either assign ownership interest in any Florida property to the heirs of the estate in shares determined either by the decedent's will or by Florida's Laws of Intestate succession, or to sell the property. Any proceeds from the sale of such property will either be used to satisfy the outstanding debts of the decedent's estate or will be distributed to the heirs. Once all of this has taken place and the property has been either sold or transferred, ancillary probate proceedings can be concluded.

It is important to note that Ancillary Proceedings, though an extension of probate in another state, do not necessarily need to be conducted in the same time frame. If probate proceedings have already been completed in another state but Florida property still needs to be administered, Ancillary Proceedings can be opened even though the case has already been closed in the decedent's home state. We have had clients from other states approach us having completed the probate process years ago in another state only to discover that their deceased family member owned a piece of undeveloped investment property that they had never mentioned or that their deceased family member had inherited an interest in a Florida property of which they were not aware during their lifetime.

An experienced Florida Probate Attorney can help you to navigate these developments in the probate process efficiently and in a time frame that will allow you to take ownership of what is rightfully yours without compromising the value of that inheritance in today's uncertain real estate market and avoiding any potential pitfalls when it comes to chain of title. Our expertise in Florida Probate as well as real estate and contract law and our close working relationship with Florida title experts and real estate companies are here to ensure this often daunting process is handled from start to finish without any added stress.

If you have questions about Probate issues, don’t wait—make sure your legal rights are protected. Call 863.250.2990 today to schedule your Free Consultation with our Probate attorneys.