When you encounter a death within the family, handling their estate can cause much stress, especially if they own properties in different states. In this case, you would need to deal with two probate processes: regular and ancillary. Knowing the difference between these procedures is crucial to manage the estate well.
What is regular probate?
Regular probate is the most common and primary process for settling your deceased loved one’s estate in their home state. In Florida, this involves:
- Filing a petition with the circuit court in the county where the deceased lived
- Appointing a personal representative
- Identifying and valuing assets
- Paying debts and taxes
- Distributing remaining assets to beneficiaries
Florida Statutes govern the regular probate process, which only covers assets within Florida’s borders.
How does ancillary probate come into play?
When your loved one dies, and you find out that they own property in a state other than their primary residence, ancillary probate comes into play. For Florida residents, this means you must:
- Go through a separate probate process for your out-of-state property in each state.
- Follow that state’s specific laws and procedures.
- Or may have to appoint an additional personal representative in each state.
For example, suppose you discover a vacation home in California. In that case, their estate may need to go through ancillary probate in California and regular probate in Florida.
When should you consider legal guidance?
Handling probate can be burdensome and surprising when someone dies suddenly without a will. You may face multiple probate processes, adding stress and leading to confusion and mistakes.
An attorney familiar with Florida probate law and multi-state estate administration can help you grasp the details of each process, follow different state laws, and possibly make managing the estate smoother. Remember, you must handle regular and ancillary probate properly to fulfill your responsibilities as a personal representative and honor the deceased’s wishes.