In many ways, an ancillary administration will proceed in the same fashion as typical Florida Probate and can be dealt with through a Summary or Formal Administration procedure.  Florida Statute 734.102 sets out some of the substance law surrounding Florida’s Ancillary Administration process and provides: (1)  A specific Personal Representative can be designated to administer Florida Assets (2) Ancillary Administration is governed by the Florida Rules of Probate (3) A non-Florida Will can be admitted to probate if it meets Florida’s requirements (4) creditor notification requirements are the same as a Florida Probate. 

• If a nonresident dies, leaving assets, credits, or liens in Florida, the personal representative designated in the decedent’s will to handle Florida property can request ancillary letters, provided they are qualified to act in Florida.
• In the absence of a designated personal representative, the foreign personal representative of the decedent’s estate can seek ancillary letters if qualified to act in Florida.
• If the foreign personal representative is ineligible and the will specifies an alternate or successor who is qualified in Florida, they can obtain ancillary letters.
• If none of the above scenarios apply, the majority interest holders of the Florida property may select a qualified personal representative to receive the letters.
• In cases where the decedent dies intestate and the foreign personal representative is not qualified to act in Florida, the statutory order of preference for personal representative appointment will be followed.
• If ancillary letters are applied for by someone other than the domiciliary personal representative, prior notice must be given to any domiciliary personal representative.

Procedural Considerations: 

The petition for ancillary letters must be verified and include specific documentation depending on the nature of the estate:

1. Testate Estate: For a testate estate, the petition must include an authenticated copy of the relevant portions of the domiciliary proceedings. This documentation should clearly show the will, the petition for probate, the order admitting the will to probate, and the authority of the personal representative.
2. Intestate Estate: In the case of an intestate estate, the petition must include an authenticated copy of the relevant portions of the domiciliary proceedings. This documentation should demonstrate the petition for administration and the authority of the personal representative to act.
3. Appointment of Alternative Personal Representative: If the appointment of someone other than the domiciliary personal representative is requested, the petition must provide a statement detailing the factual grounds upon which the appointment is sought.

Formal Notice Requirements (Rule 5.470(b)): Before ancillary letters can be issued to any person, it is necessary to provide formal notice to specific parties. This requirement ensures transparency and provides an opportunity for relevant parties to participate:

1. Persons Qualified to Act as Ancillary Personal Representative: Formal notice must be given to all known individuals who are qualified to act as ancillary personal representatives. This notice is mandatory for those whose entitlement to preference of appointment is equal to or greater than that of the petitioner. Parties who have not waived notice or joined in the petition must receive this formal notice.
2. Domiciliary Personal Representatives: Formal notice must also be given to all domiciliary personal representatives who have not waived notice or joined in the petition. This ensures that relevant parties are aware of the ancillary administration proceedings and have the opportunity to participate if necessary.

Probate of the Will (Rule 5.470(c)): Upon filing the authenticated copy of a will, the court undertakes a crucial determination:

1. Compliance with Florida Law: The court carefully examines the submitted will to assess whether it complies with the requirements set forth in Florida law. This evaluation is essential to determine if the will is entitled to probate.
2. Admission to Probate: If the will satisfies the necessary criteria and complies with Florida law, the court proceeds to admit the will to probate. This step confirms the validity of the will within the ancillary administration process.

Understanding and fulfilling these petition and notice requirements is crucial for a smooth and legally compliant ancillary administration process. By adhering to these rules, you ensure transparency, compliance, and the fair participation of all relevant parties. Seeking guidance from experienced legal professionals familiar with probate matters can provide invaluable assistance throughout the process, helping you navigate the intricacies of these requirements and ensuring a successful outcome. If you need any assistance with an ancillary administration we would love to hear from you.  We handle cases throughout Florida and offer free, no obligation consultations. 

-Brice Zoecklein, Esq. 

813-501-5071

ADDITIONAL AUTHORITY/RESOURCES REGARDING ANCILLARY ADMINISTRATION:  

734.102 Ancillary administration.—

(1) If a nonresident of this state dies leaving assets in this state, credits due from residents in this state, or liens on property in this state, a personal representative specifically designated in the decedent’s will to administer the Florida property shall be entitled to have ancillary letters issued, if qualified to act in Florida. Otherwise, the foreign personal representative of the decedent’s estate shall be entitled to have letters issued, if qualified to act in Florida. If the foreign personal representative is not qualified to act in Florida and the will names an alternate or successor who is qualified to act in Florida, the alternate or successor shall be entitled to have letters issued. Otherwise, those entitled to a majority interest of the Florida property may have letters issued to a personal representative selected by them who is qualified to act in Florida. If the decedent dies intestate and the foreign personal representative is not qualified to act in Florida, the order of preference for appointment of a personal representative as prescribed in this code shall apply. If ancillary letters are applied for by other than the domiciliary personal representative, prior notice shall be given to any domiciliary personal representative.

(2) Ancillary administration shall be commenced as provided by the Florida Probate Rules.

(3) If the will and any codicils are executed as required by the code, they shall be admitted to probate.

(4) The ancillary personal representative shall give bond as do personal representatives generally. All proceedings for appointment and administration of the estate shall be as similar to those in original administrations as possible.

(5) Unless creditors’ claims are otherwise barred by s. 733.710, the ancillary personal representative shall cause a notice to creditors to be served and published according to the requirements of chapter 733. Claims not filed in accordance with chapter 733 shall be barred as provided in s. 733.702.

(6) After the payment of all expenses of administration and claims against the estate, the court may order the remaining property held by the ancillary personal representative transferred to the foreign personal representative or distributed to the beneficiaries.

(7) Ancillary personal representatives shall have the same rights, powers, and authority as other personal representatives in Florida to manage and settle estates; to sell, lease, or mortgage local property; and to raise funds for the payment of debts, claims, and devises in the domiciliary jurisdiction. No property shall be sold, leased, or mortgaged to pay a debt or claim that is barred by any statute of limitation or of nonclaim of this state.

Rule 5.470. Ancillary Administration

(a) Petition. The contents of the petition for ancillary letters shall be as provided in rule 5.200. The petition shall be verified and shall include:

(1) for a testate estate, an authenticated copy of so much of the domiciliary proceedings as will show the will, petition for probate, order admitting the will to probate, and authority of the personal representative;

(2) for an intestate estate, an authenticated copy of so much of the domiciliary proceedings as will show the petition for administration, and authority of the personal representative to act; or

(3) if appointment of someone other than the domiciliary personal representative is requested, a statement of the facts constituting grounds on which appointment is sought.

(b) Notice. Before ancillary letters shall be issued to any person, formal notice shall be given to:

(1) all known persons qualified to act as ancillary personal representative and whose entitlement to preference of appointment is equal to or greater than petitioner’s and who have not waived notice or joined in the petition; and

(2) all domiciliary personal representatives who have not waived notice or joined in the petition.

(c) Probate of Will. On filing the authenticated copy of a will, the court shall determine whether the will complies with Florida law to entitle it to probate. If it does comply, the court shall admit the will to probate.