Explaining Ancillary Probate In Florida

When a person passes away, their estate must usually go through a process called probate. Probate allows an inventory of the estate to be made, and allows the decedent’s debts to be paid off before the assets go to the decedent’s chosen beneficiaries. The process usually happens on a state basis, but sometimes, an estate must go through what is known as ancillary probate in Florida in addition to any proceedings in their home state.

Secondary But Necessary

Ancillary probate is necessary when a person who was a resident of another state or country owned property – whether vacant land, rental properties, or a second home – or had liens on property in Florida before their passing. Since Florida law differs from other states’ laws, it requires its own probate proceeding before assets in the state can properly go to creditors or beneficiaries. Still, this can be a hardship for a grieving family.

Ancillary probate in Florida can either be formal or summary, with the former being better suited to complex estates and the latter being for estates valued under $50,000. The differences between the two are related to scope: a full formal proceeding involves the appointment of a(n ancillary) personal representative, as well as notifying creditors of the decedent once an inventory has been taken.

May Be Possible To Avoid The Process

Like any legal process related to wills and trusts, even ancillary probate can become complex. Missing beneficiaries, multiple wills or red tape related to foreign documents can bog down proceedings, and previously undiscovered tax obligations may appear once the property’s title has been secured. That said, if you or a loved one are planning your estate and you have property in Florida that is not your residence, be advised that in some cases it may be possible to avoid ancillary probate altogether, as many can avoid the standard probate process.

Establishing a tenancy by the entirety (where a piece of property is owned by two people, and upon the death of one, passes to the other without any proceedings necessary), using transfer-on-death deeds, or establishing a living trust are all methods by which property can pass to a beneficiary without requiring it to go through the probate process. The right attorney can help.

Contact A Hollywood, FL Probate Attorney

Losing a loved one is difficult enough, but having to navigate the probate process, whether standard or ancillary, can make things even more difficult. A Hollywood, FL probate attorney from The Law Offices of Steven A. Mason, P.A. can help answer your questions about the proceedings. Contact our office today at (954) 963-5900 to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0734/Sections/0734.102.html