Does a loved one live in another state, is not a resident of Florida but owns property in Florida? What happens to that Florida property when your loved one dies?
In order to distribute the property in Florida pursuant to your loved one’s wishes, a probate ancillary administration will need to be initiated in the state of Florida. The following gives a brief overview of the process for a probate ancillary administration.
My loved one did not nominate a personal representative to act in Florida. Can an ancillary administration still be opened in Florida?
Yes. If your loved one did not nominate a personal representative in their will to distribute or give the assets or property in Florida, a personal representative will be appointed if needed by the court and will usually be the next of kin or a person which all relatives or heirs agree should be appointed.
My loved one died without a will. Who will the Court appoint to distribute the property?
If your loved one did not have a will, and your loved one died outside Florida, a probate can still be started in Florida and Florida Statute will determine who the property or home will be given to.
What are some types of assets that may require ancillary administration?
If your loved one died owning any property in Florida, then ancillary administration may be required. Some types of the assets that could require an ancillary administration are: a home, condominium unit, commercial properties, timeshare properties or a vehicle.
What is the process for ancillary administration?
The ancillary administration is quite similar to our regular Florida probate administrations. In Florida, we have two different administrations: Summary and Formal.
Whether the ancillary administration qualifies for a Summary Administration or a Formal Administration, the petitioner or personal representative will have to file with the Clerk of Court in Florida the death certificate, will (if one exists) and certain probate document, if a probate was opened or started in the state where the person passed away. These are required in Florida, so the Court is aware of all the beneficiaries who are entitled to receive the property or home located in Florida.
If you know of loved one who died in another state but owned property in Florida, please contact Kimberly M. Soto at 321.972.2279 so she can further advise you. Attorney Kimberly Soto will work together with the out-of-state attorneys to ensure the ancillary administration is completed accurately. The Soto Law Office, P.A. is conveniently located in Altamonte Springs, Florida near I-4, and proudly serves Brevard, Lake, Orange, Osceola, Seminole, and Volusia Counties.