Under certain circumstances, it will be appropriate to initiate a probate proceeding in Florida for nonresidents who died owning assets in the State of Florida. For example, a resident of New York who died owning a vacation home in Florida may require a probate proceeding in Florida. These proceedings are referred to as “Ancillary Administration” because they are derivative of the primary probate administration pending in the Decedent’s state of residence.
If the Personal Representative appointed in the probate proceeding in the state of residence is qualified to act in Florida, that Personal Representative will generally be entitled to serve as such in the Ancillary Administration. Ancillary Personal Representatives will have the same rights, powers and authority as a Personal Representative appointed in a Formal Probate Administration.
The Decedent’s will is generally admissible for probate in Florida as long as it complies with the execution requirements imposed by Florida law, and if the will has been admitted to probate in the Decedent’s state of residence. A will made self-proved under the laws of the state where the will was executed shall be considered self-proved under Florida law.
An Ancillary Administration will generally proceed in the same manner as a Formal Administration. The Personal Representative will be responsible for publishing a Notice to Creditors in a local newspaper, and serving a Notice to Creditors directly upon all known or readily ascertainable creditors. After the payment of all expenses of administration and claims against the Estate, the Ancillary Personal Representative my seek a court order authorizing the transfer of the Florida assets to the Personal Representative of the probate administration pending in the state of residence, or directly to the beneficiaries pursuant to the will.
