Ancillary Administration

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 ancillary administration.

There are a few alternatives to 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 Florida Statutes Section 734.1025.

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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. 

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