Ancillary Administration in Florida

50+ Years of Ancillary Probate Experience

With over 50 years of combined legal experience, MTM Law Firm expertly guides you through the complexities of ancillary administration in Florida.

We understand the intricacies of handling estates with property in multiple states.

Our commitment is to offer caring and prompt legal assistance. We provide personalized attention and transparent communication to ensure your loved one's estate is properly probated while honoring their wishes and navigating Florida's probate laws.

What is the Ancillary Administration in Florida?

Ancillary probate is a specialized legal proceeding necessary when a decedent owned real property in Florida but was a resident of another state at the time of death. This process, governed by the Florida Statute, allows for the efficient transfer of ownership and settlement of any claims of creditors related to the Florida property.

Ancillary probate is necessary if a person who is not a resident of Florida possesses real estate in the state or has any financial obligations or resources connected to it. Whether the deceased had a valid will or not, ancillary probate in Florida courts is required to distribute the estate.

When is Ancillary Probate Required in Florida?

Ancillary probate becomes necessary when a person who resided outside of Florida (the "decedent") passes away, owning property or assets within the state. It's a distinct legal process that focuses solely on handling the Florida-based portion of the estate, ensuring efficient ownership transfer and settlement of any related debts or claims.

Scenarios Requiring Ancillary Probate:

Real Estate Ownership: If the deceased person owned property in Florida, such as a main home, second home, or investment property, supplementary probate is usually necessary to pass ownership to the correct heirs.

Florida-Based Assets: Even without real estate, if the decedent held significant personal property, financial accounts, or other assets within Florida, ancillary probate may be necessary to manage and distribute these assets.

Creditor Claims: If there are outstanding debts or claims against the decedent's Florida assets, ancillary probate provides a legal framework for addressing these obligations and protecting the estate's interests.

Key Considerations for Ancillary Administration

Domiciliary vs. Ancillary Probate: The primary probate proceeding takes place in the decedent's state of residence (domiciliary probate). In contrast, ancillary probate focuses solely on Florida assets.

Personal Representative: In ancillary administration, a Personal Representative is appointed specifically to handle the Florida estate, ensuring efficient management and compliance with Florida probate law.

Timeframe: The length of ancillary probate may change based on the estate's intricacy and potential disagreements. However, with MTM Law Firm's experienced guidance, we strive to expedite the process while maintaining meticulous attention to detail.

The average is approximately 8 months.

Don't Face Ancillary Probate Alone

Let MTM Law Firm be your trusted partner in navigating the complexities of ancillary administration in Florida. We'll provide clear explanations, efficient representation, and compassionate support throughout the entire process.

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Ancillary Administration in Florida with MTM Law Firm

STEP ONE: Personalized Consultation & Case Review

The process starts with a thorough evaluation to analyze your specific circumstances. We will evaluate the estate of the deceased to decide if additional probate in Florida is needed. Our team will verify the necessary steps for real estate, personal property, or credits in Florida and explain the responsibilities of the personal representative.

STEP TWO: Efficient Filing of Ancillary Administration Documents

We'll efficiently prepare and file the ancillary probate petition, ensuring compliance with Florida law and minimizing delays. We also handle creditor claims, meeting all statutory obligations.

STEP THREE: Court Approval & Asset Transfer

Upon the court's approval of the ancillary petition, MTM Law Firm facilitates the transfer of property or assets to the designated beneficiaries. Whether the estate includes a winter home, real estate, or other assets, we’ll ensure all administrative procedures are completed. From distributing assets to filing the necessary documents, we’re by your side to ensure a smooth, compliant process.

Why Choose Ancillary Administration in Florida?

When a loved one passes away with property in Florida but resided elsewhere, ancillary administration offers a focused and efficient solution. It's designed to handle the Florida-specific aspects of the estate, allowing for the seamless transfer of assets and resolution of any outstanding matters within the state.

Streamlined Process

Ancillary administration often proceeds similarly to formal probate in Florida but with a narrower focus on the Florida estate. This can lead to a faster and less complex process compared to full probate administration across multiple states.

Clear Legal Framework

The legal system in Florida establishes a structured process for handling ancillary administration to ensure compliance with all legal obligations and respect for the deceased's desires. Our skilled probate lawyers will lead you through each stage, making sure to follow the rules and reduce wait times.

Expert Representation

Ancillary administration often involves coordinating with the domiciliary estate's personal representative and navigating potential creditor claims or disputes. At MTM Law Firm, we'll provide you with the expert representation you need to protect your interests and ensure a smooth resolution.

Our Comprehensive Estate Services:

In addition to ancillary administration, MTM Law Firm offers a full range of probate and estate services, including:

Formal Administration: Guiding you through the court-supervised process of administering complex estates.

Summary Administration: Providing a streamlined approach for smaller estates or those meeting specific criteria.

Trust Litigation: Resolving disputes related to trusts and ensuring the proper management of trust assets.

Will Contests: Challenging or defending the validity of a will.

Probate Avoidance: Exploring strategies to avoid probate and streamline the transfer of assets.

Intestate Succession: Guiding you through the legal process when a loved one passes away without a will.

Real Estate Litigation: Providing expert representation in property disputes, ensuring your rights are protected.

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