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Ancillary Probate in Florida

Loune-Djenia Askew, Esq.

Jan 22, 2024

Ancillary probate is necessary when a non-Florida resident passes away and dies owning real property (i.e., land) in Florida. The representatives of the estate must initiate a probate proceeding in each state where the decedent owned property since each state has its own set of property laws.

Ancillary probate is necessary when a non-Florida resident passes away and dies owning real property (i.e., land) in Florida. The representatives of the estate must initiate a probate proceeding in each state where the decedent owned property since each state has its own set of property laws. 


The ancillary probate process is very similar to any other Florida probate. The ancillary probate may either be a formal probate administration or a summary administration. 


Formal Probate Administration: This process is the full probate process of appointing the personal representative, dealing with creditors, publishing in the newspaper, etc. This is done when assets exceed $75,000, the estate has debts, heirs do not agree, or there are unknown assets. 

Summary Administration: This is a more simple probate process that is available only when: 1) the assets are worth less than $75,000; 2) all of the heirs consent to the court procedures; 3) all of the decedent's bills are paid, and 4) all of the decedent's assets are known. 


How Ancillary Probate Administration Works in Florida

One of the first steps in an ancillary probate case is to determine who the ancillary probate representative is. In Florida, the qualifications to act as a personal representative include:

  • Being of legal age (over 18 years old)

  • Not having a legal disability

  • Being a resident of Florida

If the personal representative listed in the will does not have the appropriate qualifications, it must appoint someone else as the ancillary probate representative. The decedent’s family (a majority of the heirs) could also determine the personal representative. If the will nominates a personal representative who is able and willing to serve, the rest of the probate procedure is the same as any other probate.


For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.


Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.



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