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Ancillary Probate Representation In Florida

When someone passes away while owning property in a state other than their primary residence, their estate may become subject to ancillary probate administration. Navigating ancillary probate administration involves complex legal mazes, especially if the estates have assets across multiple jurisdictions. You are better off working with a probate attorney to help ensure a smooth and efficient process.

With over 25 years of experience, Erin Kirkwood Law, PLLC, is a trustworthy law firm that consistently delivers effective and reliable legal representation. Serving clients in Martin, St. Lucie and Okeechobee counties, attorney Erin Kirkwood offers straightforward solutions for probate, wills and estate planning. She can tailor practical and affordable solutions to your needs.

What Is Ancillary Probate?

Ancillary probate is the legal process of administering an estate’s assets located in a different jurisdiction from where the deceased person primarily resided.

In other words, it is a secondary probate process that has to be undertaken whenever a nonresident of Florida dies but leaves behind assets that are titled or deeded in Florida, such as real estate. It may also be necessary when the decedent dies owning other tangible property within the state, liens on real property and certain other situations.

Ancillary probate is necessary for the proper transfer of property ownership since each state has its own rules about how those issues are handled.

How Can A Probate Attorney Help?

Ancillary probate in Florida requires the expertise of an attorney who understands the state laws and procedures. Florida law governs the probate process for assets located within its jurisdiction, making it crucial to have local legal representation.

The ancillary probate attorney of Erin Kirkwood Law, PLLC, can guide executors and beneficiaries through the subtleties of probate to ensure compliance with all necessary regulations and facilitate efficient asset distribution.

Frequently Asked Questions About Ancillary Probate In Florida

Many part-time residents of Martin and St. Lucie Counties are actually domiciled in other states. When they die, their loved ones may be required to open a second, ancillary, probate process here in Florida. Here are the answers to some common questions about the process:

How does ancillary probate differ from the standard probate process?

The ancillary probate process is very similar to any other Florida probate process. It’s called an “ancillary” probate because it is secondary to the primary probate process in another state where the person officially lived.

Ancillary probate is common in Martin and St. Lucie counties because so many people have seasonal residences here. Ancillary probate is necessary for the court to formally transfer ownership of certain kinds of property that were titled in Florida at the time of the decedent’s passing, such as homes, condominiums, motor vehicles and boats.

Can ancillary probate be handled remotely, or must I be present in Florida?

Out-of-state family members and beneficiaries can often handle the entire ancillary probate process remotely, so long as they have professional assistance. If the estate qualifies for summary administration, the process may be over within a few weeks. If not, an experienced ancillary probate attorney local to the area can keep things on track and help you understand what may be expected and what options you may have.

What challenges might I face with ancillary probate if I am an out-of-state executor?

In Florida, an out-of-state executor must be related to the decedent by blood, adoption or marriage. That could prove problematic if you were the decedent’s long-term companion or a close friend. In addition, not every probate process can be handled remotely, so the distance and travel time can both be problematic. An ancillary probate attorney can help you find the best solution to your concerns.

Get In Touch

As a Florida ancillary probate attorney, Erin Kirkwood handles most cases on a flat-fee basis, making her legal services cost-effective. Attorney Kirkwood outlines clear expectations, so there are no surprises with billing. Call 772-732-8863 or use her online form to schedule a free consultation with an out-of-state probate attorney for full onboard service.