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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 that you open in Florida when a resident of another state dies and owns a house in Florida. The Will is probated where the decedent resides. However, if a decedent whose Will is being probated in another state has property in Florida, then there must be an Ancillary Estate in Florida to probate the Florida property. 

The Florida Statute that deals with Ancillary Estates is Florida Statute 734. There are also two rules, Probate Rule 5.470 and Probate Rule 5.475, that deal with Ancillary Estates. 

To open an Ancillary Estate in Florida, you must provide the Court with authenticated documents of the domiciliary proceedings. That means you need documents with a seal from the state where the decedent resided. 

You will need to make sure the Will has a self-proving affidavit in accordance with Florida Law. Florida Statute 734.102(3) provides that the Will can only be admitted to the Court if it is executed as required by the Florida Statutes. 

If there is no self proving affidavit, you will need an oath of a witness to the Will. If the witness is in the other state, you will need a commission. 

The person appointed as Personal Representative under the non resident’s Will must meet the requirements of Florida Statute 733.302 and Florida Statute 733.305. If the Will is Intestate (meaning they have no Will) then the preference of appointment of Personal Representative of Florida Statute 734.301 must be followed. 

You will go through the same steps to probate an ancillary estate as you would with a regular probate estate in Florida. That means you still must publish notice to creditors and send copies of inventory to beneficiaries. Once the expenses of administration and any claims have been paid, the property may be transferred to the foreign Personal Representative for Distribution. 

If you have more questions regarding a 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.