Many retired individuals have seasonal homes in Florida. They spend much of the year in a northern location with their families, but they spend the coldest months of the year at a property in Florida.
When people die, their surviving family members typically initiate probate proceedings in the jurisdiction where they lived. However, the matter becomes substantially more complicated when a deceased individual owned real property in another state as well.
Personal representatives and concerned family members may need to prepare for ancillary probate proceedings in Florida after snowbirds who own seasonal homes die.
What is ancillary probate?
Ancillary probate proceedings are supplemental or secondary probate court cases. The primary probate case for the decedent should pass through the courts in the county and state where they lived. A secondary probate case in Florida may be necessary to appropriately address their real property holdings.
Ancillary probate proceedings allow local creditors an opportunity to make claims for repayment during estate administration. They also help ensure that personal representatives follow the necessary procedures for the transfer of ownership or liquidation of Florida real estate holdings during estate administration.
Identifying the resources that belong to the deceased person and determining what probate requirements may apply are important components of successful estate administration. The families of out-of-state property owners may need assistance as they manage ancillary probate proceedings in addition to standard probate proceedings in another jurisdiction.