What Is Ancillary Probate?

Florida is known for its beautiful beaches and sunshine, attracting a large migratory population who may own property here as well as in another state. If somebody legally resides in another state but still owns property in Florida, it may create an ancillary probate situation.

An ancillary probate situation arises when an individual passes away while legally residing in another state but has Florida property which must also pass through probate to be given to the rightful beneficiaries or heirs. Ancillary essentially means secondary, which means the Florida probate becomes secondary to the probate taking place in the other state.

A separate personal representative will have to be elected, which may or may not be the personal representative appointed in the other state. Typically, personal representatives for Florida estates must be Florida residents, unless they are certain family members of the individual who passed away. If there are no family members, the heirs with a majority interest in the property may be able to select a personal representative. If not, the court will appoint an individual. This individual will act only over the property located in Florida.

A probate attorney may assist in the selection of a personal representative for ancillary probate or offer other assistance in general to walk you through the process.

This article is not intended to constitute legal advice, nor create an attorney-client relationship.