At Michael R. Fried, P.A., we specialize in Florida ancillary probate administration, providing unmatched expertise and dedication to resolving your probate matters. Our seasoned attorneys are well-versed in Florida probate laws, ensuring a seamless process for our clients.
We invite you to take advantage of our complimentary consultation to discuss your unique needs. Let us leverage our knowledge and experience to guide you through every step of the ancillary probate process with compassion and professionalism. Your peace of mind is our top priority. Contact Michael R. Fried, P.A. at (954) 656-3605 to schedule your appointment today.
Florida’s appealing climate attracts thousands of visitors each year, leading many—both U.S. citizens and foreign nationals—to purchase real estate in the state. When these property owners pass away, their status as non-residents necessitates the need for ancillary probate or ancillary administration to settle their estate.
Ancillary probate occurs when a person dies leaving assets in multiple states or passes away in one state while owning property in another. This legal proceeding is essential for transferring ownership of assets to the beneficiaries.
According to Florida Statute §734.102, ancillary probate is required if a non-resident dies:
Under Florida law, a personal representative must be appointed to represent the ancillary estate. If the decedent’s will designates a personal representative for their Florida property, that individual’s wishes will be honored, provided they are qualified to act in Florida. If not, the foreign personal representative will need letters issued to represent the estate, assuming they meet the necessary qualifications.
If the designated representative is not qualified, an alternate or successor representative specified in the will may take on this role. In cases where no one is qualified, those entitled to a majority interest in the Florida property can select a qualified personal representative to act on their behalf.
The complexity of ancillary probate administration can vary. In many cases, uncontested ancillary probate matters can be resolved quickly and cost-effectively, often without requiring the out-of-state personal representative to travel to Florida. These uncontested cases may be resolved through summary proceedings, eliminating the need for formal court appearances.
However, if disputes arise regarding the property, the process can become more complex and time-consuming. Contested proceedings may require evidentiary hearings, where both documentary evidence and witness testimony must be presented to the court.
At Michael R. Fried, P.A., we understand that ancillary probate administration can be overwhelming, especially if you are unfamiliar with the legal landscape. Since 2002, our dedicated ancillary probate attorneys in Florida have been assisting clients with property disputes, inheritance issues, and various estate and probate matters.
If you require assistance from a qualified legal team that is committed to protecting your rights, don’t hesitate to reach out to our firm in Fort Lauderdale.
For more information about Florida ancillary probate administration or to schedule your consultation, please contact us at mrf@fried-legal.com or (954) 656-3605. Let us help you navigate the complexities of probate with confidence and care.
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