A Florida ancillary probate may become necessary when a resident of a state other than Florida dies owning real property located in Florida, and there is a domiciliary estate administration that is commenced in the decedent’s home state of residence.
Ancillary administration is commenced as provided by the Florida Probate Rules, per 734.102 (2) Florida Statutes. The ancillary personal representative shall give bond as do personal representatives generally. All proceedings for appointment and administration of the estate shall be as similar to those in original administrations as possible, per 734.102(4) Florida Statutes.
As the petitioner attempting to open an ancillary administration in Florida, what documents will you require from the clerk of court in the domiciliary probate proceeding? Florida Probate Rule 5.470 concerning Ancillary Administration provides as follows:
Rule 5.470. Ancillary Administration
(a) Petition. The petition for ancillary letters shall include an authenticated copy of so much of the domiciliary proceedings as will show:
(1) for a testate estate the will, petition for probate, order admitting the will to probate, and authority of the personal representative; or
(2) for an intestate estate the petition for administration and authority of the personal representative to act.
(b) Notice. Before ancillary letters shall be issued to any person, formal notice shall be given to:
(1) all known persons qualified to act as ancillary personal representative and whose entitlement to preference of appointment is equal to or greater than petitioner’s and who have not waived notice or joined in the petition; and
(2) all domiciliary personal representatives who have not waived notice or joined in the petition.
(c) Probate of Will. On filing the authenticated copy of a will, the court shall determine whether the will complies with Florida law to entitle it to probate. If it does comply, the court shall admit the will to probate.
Disclaimer:
Yes, I am an attorney, but I do not become your attorney until you hire me by signing a written agreement containing the terms of representation. This article does not create an attorney-client relationship. I am licensed to practice law in Florida and Pennsylvania and have based the information presented on US laws. This article is legal information and should not be seen as legal advice. You should consult with an attorney before you rely on this information.