Ancillary Probate Administration

Ancillary Probate Administration: Managing Out-of-State Assets

Ancillary Probate Administration: Managing Out-of-State Assets

Ancillary Probate Administration is a specialized legal process required when a deceased individual owned property or assets in a state other than their primary residence. If someone passes away while owning real estate or other valuable assets in Florida but was a resident of another state, Florida law requires ancillary probate to be conducted in order to legally transfer those assets to the rightful heirs or beneficiaries.

At Warshofsky Law, we have extensive experience in guiding families through the ancillary probate process. We understand the unique challenges that arise when dealing with out-of-state assets and are here to ensure that the process runs smoothly while complying with Florida law.

When Is Ancillary Probate Administration Needed? Ancillary probate is necessary if:

• A non-Florida resident owned real estate, business interests, or other assets in Florida at the time of their death.
• These assets were not held in a trust or did not have other arrangements in place to avoid probate, such as joint ownership or designated beneficiaries.

Even if the primary probate proceedings are taking place in the deceased’s home state, Florida courts must still oversee the administration of any assets located within the state. This ensures that local laws are followed, debts are paid, and assets are transferred legally.

How Does Ancillary Probate Administration Work? The ancillary probate process involves:

• Filing the Will: The will (if one exists) must be submitted to a Florida probate court along with relevant documents from the primary probate proceeding in the deceased’s home state. If no will exists, Florida’s intestacy laws will determine how the assets are distributed.
• Appointment of a Personal Representative: The court appoints a personal representative (often the same individual as in the primary probate case) to handle the Florida assets. If the original personal representative is not a Florida resident, the court may require the appointment of a local representative.
• Asset Inventory: The personal representative must inventory and manage the Florida assets, which may include real estate, bank accounts, or business interests.
• Payment of Debts and Expenses: Any debts, taxes, or expenses associated with the Florida assets must be paid before the remaining assets can be transferred to the beneficiaries.
• Distribution of Assets: After all debts and obligations are satisfied, the Florida assets are transferred to the heirs or beneficiaries in accordance with the will or state law.

Why You Need an Attorney for Ancillary Probate Ancillary probate can be a complex and technical process, especially when dealing with multiple states’ legal systems. An experienced Florida probate attorney can:

• Coordinate with the primary probate process in the decedent’s home state.
• Ensure compliance with Florida probate laws.
• Handle court filings, asset management, and creditor notifications.
• Provide local representation, if necessary.
• Ensure that the process is completed efficiently and that assets are transferred according to the decedent’s wishes.

Streamline the Process with Warshofsky Law Handling probate administration across multiple states can be overwhelming, but with the right legal guidance, the process can be completed smoothly. At Warshofsky Law, we work closely with families and out-of-state attorneys to manage the Florida-specific aspects of the estate, ensuring that the administration of out-of-state assets is handled effectively.

If you need assistance with ancillary probate administration, contact the offices of Jason Warshofsky at 305-446-1244 or email Jason at Jason@WarshofskyLaw.com to schedule a consultation.