A person’s estate typically goes through the probate process in the state where they were a legal resident when they passed away. However, that court only has jurisdiction over properties located within that state. If the estate involves an out-of-state property, it may need to go through an ancillary probate process.
Who manages the assets in Florida?
If there is a will, Florida law sets a clear order for who can manage these assets:
- The “ancillary executor” or someone the will names to handle Florida property
- The out-of-state personal representative, or the person assigned to handle the main probate process in the deceased’s home state
- The secondary executor or an alternate mentioned in the will in case the first two options aren’t available or willing to serve
If none of the above options are available, the people who stand to inherit most of the property can collectively decide who should manage these assets. This person could be one of the beneficiaries or a neutral third party they all agree on.
If your loved one didn’t leave a will, you will need to follow Florida’s standard rules for choosing a representative. These rules typically prioritize close family members in a specific order: spouse, adult children, parents, siblings and so on. The court will appoint someone from this list who is willing and able to serve.
Admission of an out-of-state will
This process, known as “foreign will probate,” grants the will legal authority in Florida, even though another state created and initially probated it. To be eligible, the will must comply with the state’s legal requirements and must have been admitted to probate in the proper court in another state or country. You can file a petition with the probate court to admit the foreign will either two years after the person’s death or after the probate process in their home state is complete.
Ensure you’re on the right track
While this overview offers a starting point, ancillary probate often involves complex legal procedures and requirements. It’s wise to seek the guidance of an attorney to understand how the process will go for your specific situation.