Ancillary Probate Is Complex – You Need Legal Guidance

When a Florida property owner dies but was not a Florida resident at the time, probate is handled differently. “Ancillary probate” is a secondary proceeding compared to the standard probate process.

At The Castro Law Firm, PLLC, in West Palm Beach, attorney Taren L. Castro assists families with ancillary probate matters in the Treasure Coast area. It is best to work with a lawyer who is familiar with the Florida process. Speak with attorney Castro about your probate needs; your consultation is free.

What Happens When A Nonresident Dies Owning Florida Property?

It is not uncommon for people who live in other states to own property in Florida. “Snowbirds” who live in another state but spend their winters in Florida are a good example of when ancillary probate is necessary. Their Florida residence and/or assets must go through probate even though the probate process is taking place in their state or country of residence.

If you are unsure about whether you need this type of probate, just call the firm and ask.

What Assets Require Ancillary Probate In Florida?

Ancillary probate is required when a non-Florida resident dies owning real property in Florida, such as a house, condo, vacant land, or a real-property–based timeshare. It may also be needed for tangible personal property physically located in Florida.

Assets that pass outside of probate do not require Florida ancillary probate, which can significantly simplify the estate administration. These exempt assets commonly include:

• Bank accounts: If titled as “payable on death” (POD)
• Joint tenancy accounts: Accounts titled with a right of survivorship
• Stocks and brokerage accounts: If they have a “transfer on death” (TOD) designation
• Retirement funds (IRA, 401(k)): These pass directly to a named beneficiary

In these cases, a valid death certificate is typically all that is needed to transfer the asset.

How Long Does Ancillary Probate Take?

The duration of ancillary probate varies based on the type of administration and the complexity of the estate:

• Summary administration: For estates valued at less than $75,000, this streamlined process typically takes two to four months.
• Formal administration: For estates valued at more than $75,000 (excluding exempt homestead property), this process requires appointing a personal representative and typically takes six to 12 months. This longer timeline is necessary to comply with legal requirements, like allowing time for creditors to file claims.

Attorney Castro can review the assets and documentation in your case to determine which process applies and provide a more accurate estimate.

Does Florida Require The Out-Of-State Personal Representative To Have A Florida Attorney For Ancillary Probate?

Yes. Florida law mandates that a personal representative (sometimes called an executor in other states) who lives out of state must be represented by an attorney licensed to practice in Florida. This is a crucial requirement to ensure all local rules and procedures are followed correctly. Attorney Castro can step into this role to manage the Florida court process for you, working seamlessly with the primary probate in the decedent’s home state.

How Can You Avoid Ancillary Probate For Florida Real Estate If You Live In Another State?

Planning ahead is the best way to prevent the time and expense of ancillary probate. The two most common and effective tools for pre-death planning are:

• Revocable trusts: By transferring ownership of your Florida real estate into a revocable trust while you are alive, the property is no longer in your individual name at the time of your death. Because a trust can own property, it bypasses the probate requirement entirely.
• Lady Bird deeds: This specialized Florida deed allows you to name a beneficiary who will automatically receive the property upon your death, while you retain full control – including the right to sell, mortgage or change the beneficiary – during your lifetime. This transfer happens outside of the probate court.

Attorney Castro can review your estate and recommend the appropriate planning tool to help your family avoid the need for ancillary probate.

The Castro Law Firm, PLLC, Can Provide The Help You Need

Attorney Castro understands that this is a stressful time for you and your family. She will manage ancillary probate for you, keeping you updated on its status regularly.

For a free consultation with a probate attorney, call the firm at 561-408-0369 or contact the firm online. Hablamos español.