The procedure is similar to a formal probate proceeding. In this scenario, the out-of-state probate is referred to as the domiciliary administration and the Florida proceeding is called an ancillary administration.

 

There are a few alternatives to an ancillary administration that may allow you to forgo a formal administration. For instance, if the decedent has already had a probate proceeding in another jurisdiction and leaves real property in Florida, then that real property can be distributed without administration. In that case, you must file a petition to admit the foreign will to record. This time sensitive proceeding must be done after the discharge of the domiciliary personal representative or after two years from the death of the decedent. Normally, after the petition is admitted, the will passes titles or interest to the real property in Florida as if it were by probate.

 

Ancillary probate does not require a formal proceeding if the decedent has property in Florida worth $50,000 or less. Once the domiciliary probate has finalized, the personal executor or representative can file an authenticated transcript of the domiciliary.  This exemption is codified in Fla. Stat. 734.1023.

In many ways, an ancillary administration will proceed in the same fashion as typical Florida Probate and can be dealt with through a Summary or Formal Administration procedure. 

Filing Fee Paid to Clerk of Court:

$400 (plus credit card processing 

fee)

Filing Fee to Publish Notice to 

Creditors:  $109-$200

Did your loved one pass away owning Florida property in his/her individual name?  Contact us to learn how we can help you put that property in the right hands. 

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Ancillary Administration