Florida real estate can be incredibly valuable, often especially if people own beachfront properties. Not everyone with real estate holdings in Florida lives in the state. Many people live elsewhere and only visit Florida during the coldest months of the year or while on vacation with their families.
When those out-of-state property owners die, administering their estate can be a complicated process. Typically, family members need to initiate ancillary probate proceedings in Florida in addition to out-of-state proceedings elsewhere.
What is ancillary probate?
Probate courts oversee estate administration. They help ensure the fulfillment of financial obligations and the appropriate distribution of property among heirs or beneficiaries. Ancillary probate proceedings are supplemental to the primary probate proceedings initiated in another jurisdiction.
If an individual who lives in New Jersey owns a home in Florida, their primary probate proceedings take place in New Jersey. However, the representative of their estate likely also needs to initiate ancillary probate proceedings in Florida to address their local real estate holdings.
Ancillary probate proceedings help ensure that creditors and other interested parties in Florida are aware of estate administration and that the final transfer of local resources conforms to laws in Florida, as well as laws in the state where the property owner lived. When an individual who lives in another state owns real property in Florida, estate administration becomes much more complex and often requires the assistance of someone familiar with local laws.
Personal representatives already managing probate proceedings in another state may find the need to also oversee court issues in Florida a bit overwhelming. Working with a Florida probate lawyer can reduce the need to travel to Florida and the likelihood of mistakes during ancillary probate proceedings.