When a non-resident of Florida dies owning property in Florida the process of passing it their heirs is called an Ancillary Probate Proceeding also known as an Ancillary Administration. This is a procedure to bring a subsequent probate administration in order to transfer title of the Florida real estate or other assets located in Florida. It is only permitted where an original probate proceeding has been completed in another state or country where the deceased person resided at the time of their death. Because Florida is the nation’s capital for vacation home or timeshare properties an ancillary probate proceeding is fairly common.
The Florida Ancillary Probate Administration works similarly to an original probate proceeding except that the only assets of the ancillary probate proceeding are the Florida property, timeshare or other assets located within Florida. The distribution to beneficiaries may be subject to the primary court’s direction of the estate’s heirs and their shares.
In order to start a Broward Ancillary Probate or a Palm Beach Ancillary Probate we need exemplified or authenticated copies of the probate proceeding from the jurisdiction of the deceased’s domicile state. Exemplified or authenticated (sometimes referred to as three-way certificate or triple certified) documents sometimes vary by the jurisdiction they originate from, however they are documents that have been certified by two clerks and a judge, each attesting to the document’s authenticity and validity.
If the plan is to sell the Florida assets it is preferable to begin the Florida Ancillary Probate as soon as possible. This avoids a delay in the closing when the buyer must wait for the Broward Ancillary Probate or a Palm Beach Ancillary Probate to be completed before the sale can close.
Please call the office to speak with someone regarding your Broward Ancillary Probate or a Palm Beach Ancillary Probate. We can review your particular circumstances and give you an idea of what will be required and the time it will take to complete. Most times we can handle everything by phone, mail or electronically, although we wouldn’t blame you for visiting sunny South Florida in person.
The Law Offices of Oates & Oates, P.A., has been assisting clients with their probate needs since 1978. Please call and speak with Thomas D. Oates to see whether we can help you as well. You can reach me or one of my staff by phone at 954-942-6504. We look forward to speaking with you.