“Snowbirds” are those who winter in the warmer climates like Florida. They typically own a home here while maintaining a more permanent residence in another state. What happens when a decedent leaves property in Florida to out-of-state heirs? A Tampa Probate Attorney from Mortellaro Law explores how Ancillary Probate works.
What is Ancillary Probate?
“Ancillary probate refers to a probate proceeding that’s required in addition to the primary probate proceeding that takes place in your home state. This secondary probate is necessary because the probate court in the decedent’s home state has no legal jurisdiction over property that’s situated elsewhere.”
Florida ancillary probate proceedings in Florida are necessary to transfer ownership of in-state property to heirs or beneficiaries residing in other states. “Ancillary” means subordinate or supplementary; the primary probate proceeding in a decedent’s home state is known as a domiciliary probate because their “domicile” or primary home was in that state.
Unlike other assets like bank accounts, retirement accounts, or personal property, real estate must be resolved by the state in which it is located. Families and beneficiaries of seasonal Florida residents need assistance from a local Tampa Probate Attorney when their loved one passes away and leaves them property in the Sunshine State.
How Does Ancillary Probate Work?
Ancillary probate typically works like any other probate case. One notable challenge can be finding a qualified personal representative to serve as the ancillary probate executor. A Tampa Probate Attorney is commonly sought to serve in this capacity, although sometimes a nonresident can be named. The Florida probate court will then issue Letters of Administration to the qualified ancillary personal representative.
The ancillary personal representative can choose to file for a summary or formal probate administration:
- Summary Administration: This process is available when the net equity of the Florida property is less than $75,000. It is somewhat simpler and faster.
- Formal Administration: This process is required when the net equity of the Florida property exceeds $75,000. Under Florida law, you will need a Tampa Probate Attorney to guide these proceedings.
The ancillary personal representative will also need to file the appropriate probate documents with the court, send out notices to creditors, handle any debts, and receive authority to distribute the Florida property to beneficiaries according to the will.
Get Help from a Local Tampa Probate Attorney with Ancillary Probate Administration
Most Florida real estate handled in ancillary probate exceeds $75,000 in value, so you will need the help of a Tampa Probate Attorney to comply with Florida state law. A seasoned probate attorney from Mortellaro Law can help you take advantage of some Florida laws that can help shield you from excessive taxes or some creditor claims. You may even be able to take advantage of homestead status in certain circumstances.
A Tampa Probate Attorney can help you save travel time and money because they are local and licensed to handle probate matters in Florida. For example, closing the property must be done in person by the personal representative. When that person is located nearby, this is much simpler. Court hearings or other matters with your personal representative can be handled via videoconference.
Handling ancillary probate matters when you live in another state can be confusing and costly. Mortellaro Law has the knowledge and experience to serve as your decedent’s personal representative and handle in-state requirements smoothly. We can help ensure that your loved one’s Florida real estate is handled properly and that you enjoy its full benefit. Contact Mortellaro Law today at 813-291-0734 and request a consultation.
