DAVID A. SILVERSTONE
FLORIDA PROBATE AND ESTATES LAWYER.
What is Ancillary Administration?
Ancillary Administration is the type of estate when a decedent who is a resident of another state or country may have assets in Florida, such as a second home.
Probate is first opened in the state or country in which they resided.
However, if they owned property in Florida, a separate probate must be opened in Florida, which is called “ancillary administration”. Certified copies of the probate documents from the other state or country are filed in Florida, and a new Florida probate estate is opened.
The Florida probate continues in the same manner as a normal Florida probate estate (Either by Formal Administration, or, if it qualifies, by Summary Administration).
Depositing of Will:
Even though there are no probate proceedings initiated, the custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. If an administration is opened at later date, the deposited will is placed in the probate administrative file at that time.
Admitting Foreign Will to Probate:
This procedure is initiated when a decedent with a will dies in another state, and probate proceedings are opened there, but the decedent owns real property in Florida. A copy of the will from the other state is filed in Florida probate court, and an order is obtained admitting the will to probate in Florida, which passes title to the Florida real property to the beneficiaries in the will.