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Florida has one of the highest rates of non-resident property ownership in the country, with over 10% of all second homes in the US located in Florida. “Snowbird” housing, retirement communities, vacation homes, and timeshares allow those who love Florida but live in another state to enjoy the state’s beautiful weather and great attractions throughout their lifetimes. When someone who owns property in Florida passes away, however, their property must go through a secondary legal process called ancillary probate to properly transfer ownership to an intended heir. Below, our Sanford estate planning attorney discusses what ancillary probate is and how it works in Florida. 

When Do You Need To File Ancillary Probate? 

Ancillary probate is necessary when someone who wasn’t a permanent Florida resident passes away with property or debts in Florida. The ancillary probate process transfers ownership of the Florida-based property to the beneficiary named in the will.  

Ancillary probate is required in the following situations: 

• A non-Florida resident passes away and owns property in Florida. 

• The decedent (the person who passed away) designated a beneficiary who isn’t a Florida resident to inherit Florida property. 

• The decedent passed away with valid creditor claims in Florida. 

Why Is Ancillary Probate Necessary? 

Ancillary probate is necessary because probate courts can only execute wills for property and possessions in their individual states. If the decedent owned property in multiple states, ancillary probate is needed in each state to transfer ownership from the decedent to the intended beneficiary properly. Ancillary probate typically happens concurrently with the primary probate in the decedent’s home state. 

What Assets Are Included In Ancillary Probate? 

Assets that go through ancillary probate include real property owned by the decedent or debts owed in Florida. Ancillary probate assets may include: 

• Homes, townhomes, and apartments. 

• Tangible personal property, like cars, boats, and RVs. 

• Timeshares. 

• Business assets. 

• Debts acquired in Florida or owed to a Florida-based company. 

The Ancillary Probate Process: Step By Step 

Ancillary probate operates similarly to primary probate proceedings, and is often completed at the same time as primary probate in the decedent’s state of residence. To start ancillary probate in Florida, the estate’s personal representative should work with an estate planning attorney in Sanford, FL to file and submit documents such as the decedent’s will, death certificate, and proof of ownership of the specific property in the state. Then, probate officially begins. The property will be inventoried and valued, and any creditors will be notified that the estate has entered probate. Creditors are paid from the property value. Then, property ownership is transferred, and the new beneficiary can inherit the property. 

Ancillary probate can take anywhere from 6 months to 1 year to complete, and most tasks can be handled by phone and email. If the Florida property is worth less than $75,000 or the decedent passed away more than two years ago, you may qualify for summary administration, which is typically quicker than traditional probate proceedings. As experienced Sanford estate planning attorneys, we understand the complexities of navigating probate in two different states and can help ensure the process is legal and efficient. 

How Do You Avoid Ancillary Probate? 

Strategic estate planning tools can be used to avoid ancillary probate, such as creating revocable living trusts. You could also avoid ancillary probate if the property owned in Florida has “rights of survivorship” or “transfer upon death” benefits. 

Boutty Law Firm: Your Estate Planning Attorney In Sanford, FL 

Ancillary probate proceedings can be complex, especially for non-Florida residents managing probate in multiple states. That’s why it’s vital to consult an experienced estate planning attorney in Sanford, who understands how probate works in Florida and can ensure the ancillary probate process is as smooth as possible. Contact our team at The Boutty Law Firm at 407-622-1395 or schedule a free online consultation to see how we can help you navigate ancillary probate for your loved one’s Florida property.