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What Is an Ancillary Estate in the Orlando, Florida Area?

An ancillary estate in the Orlando, Florida area is an estate wherein a nonresident of the State of Florida dies, leaving assets in the state, credits due from residents in the state, or liens on property in the State of Florida. 

How an Ancillary Estate Works

A personal representative specifically designated in the decedent’s will to administer the Florida property shall be entitled to have ancillary letters issued, if qualified to act in Florida. 

If the foreign personal representative is not qualified to act in Florida and the will names an alternative or successor who is qualified to act in Florida, the alternate or successor shall be entitled to have letters issued. Otherwise, those entitled to a majority interest of the Florida property may have letters issued to a personal representative selected by them who is qualified to act in Florida. 

The Florida Statute on Ancillary Administration

Florida Statute 734.192 is the statute on Ancillary Administration in Florida. The ancillary administration shall be commenced as provided by the Florida Probate Rules. Unless creditor claims are barred by Florida Statute 733.710, the ancillary personal representative shall cause a notice to creditors to be served and published according to the requirements of Chapter 733. Claims not filed in accordance with chapter 733 shall be barred as provided in Florida Statute 733.702. 

What Happens After Ancillary Administration

After the payment of all expenses of administration and claims against the estate, the court may order the remaining property held by the ancillary personal representative transferred to the foreign personal representative or distributed to the beneficiaries.  

Ancillary personal representatives shall have the same rights, powers, and authority as other personal representatives in Florida to manage and settle estates; to sell, lease, or mortgage local property; and to raise funds for the payment of debts, claims, and devices in the domiciliary jurisdiction. 

If you have more questions regarding an Estate and Probate Administration matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.

This article is for informational purposes only and does not form an attorney client privilege.