Florida Ancillary
Probate:
Florida Ancillary Probate Administration a Florida Ancillary Probate is the
process necessary when a non-Florida resident dies owning real
estate in Florida. If they have property in their sole name in another state then the probate process in that state would get started first. The Personal Representative or Executor as the Personal Representative is known in some other states gets appointed and begins the process in the state of domicile then they can get started with the Florida Ancillary Probate process and be appointed with the Florida Probate Court as well. The regular probate documents would be needed as well as the authenticated transcript of the proceedings from their home state. Including the Letters of Administration and an exemplified copy of the will if personal representative needs to be appointed. The Personal Representative would then be able to sell the Florida real estate on behalf of the Florida Probate Estate.
If the property was worth less than $75,000 or it was two years since the date of death a summary probate could also be used for the Florida Ancillary Probate to transfer to the beneficiaries or heirs.
If there was no property in the decedents state of domicile they could start the Ancillary Probate Administration in Florida without the need to take any action in their home state.
Avoiding Florida Ancillary Probate:
There are ways to avoid Florida Ancillary Probate Administration. Property that is titled between husband and wife will pass to the survivor of the two of them unless the deed or other title to the property specifically says it is tenants in common or something other than tenancy by the entirety. If it is owned with a non spouse it should say joint tenants with right of survivorship if that was the intent and both are actual owners.
Another form of ownership allowed in Florida for real estate that works best when no mortgage on the property is to have an enhanced life estate or lady bird deed. This is basically a transfer on death designation that allows the owner such as a father to own the property, maintain homestead status and the complete control over the property with the right to mortgage it, sell it or do whatever they want but if it remains in their estate at their death it passes to the name beneficiary or equally to named beneficiaries.
Other property also can be pass through transfer on death or payable on death designations and avoid ancillary Florida probate.
A revocable trust is also an option although property in a revocable trust is subject to creditor claims and the only way to run the creditor period for an estate and shorten it from what would otherwise be 2 years would be to open a probate so use a trust do not always avoid probate.