When a person who lived in Florida dies owning property in another state, the estate may need more than one probate proceeding. Understanding where the decedent’s assets are located and sharing that information promptly with the probate attorney is essential to administering the estate correctly and avoiding unnecessary delay or expense.
Why the Location of Each Asset Matters
At the beginning of an estate administration, carefully identify everything the decedent owned and where each asset is located. Give this information to the probate and estate administration attorney, ideally during the initial consultation. Real estate is especially important because it is generally governed by the law of the state where it is located.
What is Ancillary Probate?
Ancillary probate administration is a probate proceeding conducted in a state other than the decedent’s state of residence to address property located there. The primary probate proceeding in the decedent’s home state is called the domiciliary probate administration.
For a Florida resident, the Florida case is generally the domiciliary administration. If that person owned property in another state, an ancillary administration may also be required in that state. The proceedings must be coordinated, and the Florida administration may depend on the completion or results of the out-of-state case.
Common Example: A Florida Resident With an Out-of-State Home
Suppose a Florida resident dies while owning a summer home in North Carolina. The Florida estate would generally be handled through a Florida domiciliary probate administration, while the North Carolina property may require an ancillary probate proceeding in North Carolina.
Because probate rules and attorney-licensing requirements vary by state, the personal representative will typically need a North Carolina attorney to handle the North Carolina proceeding. The Florida probate attorney can help coordinate with that out-of-state attorney so both administrations remain aligned.
The Reverse Situation: A Nonresident With Florida Property
The same concept applies in reverse. If a person who lived outside Florida owned a vacation home or other probate property in Florida, the primary domiciliary administration would usually occur in the person’s state of residence. A Florida ancillary administration may then be required for the Florida property and would be handled by a Florida-licensed attorney.
How the Two Probate Proceedings Work Together
The domiciliary and ancillary proceedings are separate, but they are connected. The attorneys may need to coordinate court documents, authority of the personal representative, creditor issues, property sales or transfers, tax matters, and distributions to beneficiaries. Early coordination helps prevent inconsistent filings and avoidable delays.
Why Prompt Disclosure is Critical
Failing to disclose out-of-state probate property before the Florida estate is closed can create serious complications. If the personal representative is discharged and the property is discovered later, the Florida estate may need to be reopened so the ancillary proceeding can move forward. That can result in additional court costs, attorney’s fees, and delays that might have been avoided.
Beneficiaries may also argue that a personal representative who knew—or reasonably should have known—about the property should personally bear some of the added expense rather than charging it to the estate. If the property could not reasonably have been discovered before the estate closed, reopening may still be necessary, but the resulting expenses are more likely to be paid from estate assets. The outcome depends on the facts and applicable law.
Practical Steps for Personal Representatives
If you are a personal representative who may need to open an ancillary probate case, take the following steps:
- Create a complete inventory of the decedent’s real estate and other assets.
- Confirm the state—and, for real estate, the county—where each asset is located.
- Review deeds, tax records, account statements, insurance documents, and prior estate-planning records.
- Tell the Florida probate attorney about every known or suspected out-of-state asset as early as possible.
- Ask whether ancillary probate is required or whether another transfer procedure may be available.
- Retain qualified counsel in the state where the property is located when necessary.
- Coordinate both proceedings before seeking discharge or closing the domiciliary estate.
Get Experienced Legal Guidance
Administering property across state lines can be complicated. An experienced probate and estate attorney can advise the personal representative or beneficiaries, determine which proceedings are required, and coordinate with out-of-state counsel to help ensure that both the domiciliary and ancillary estates are properly administered.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com
This article is for informational purposes only and does not form an attorney client privilege.