Florida Ancillary Probate Administration Attorneys
Contact Us For Experienced Guidance And Legal Counsel
Adrian Philip Thomas, P.A. is committed to providing unmatched expertise and dedication in resolving your probate matters. Our team, with years of experience under its belt, is well-versed in Florida probate laws, ensuring a seamless process for all of our clients.
We invite you to take advantage of our complimentary consultation where we can discuss your unique needs. Let us put our knowledge and experience to work for you, guiding you through every step of the Florida ancillary probate process with compassion and professionalism. Your peace of mind is our top priority, reach out to Adrian Philip Thomas, P.A. at (954) 764-7273 to make an appointment.
What Is Ancillary Probate?
The beauty and climate of Florida draw thousands of visitors each year, and many – U.S citizens and foreign nationals alike – become so enamored with our fair state that they purchase real estate property here. When these landowners pass away, they are not technically legal residents of Florida. As such, “ancillary probate” or “ancillary administration” will be required to settle this matter.
By definition, ancillary probate is a proceeding that occurs when a person passes away with assets in more than one state, or passes away in one state while having property in another. Ancillary probate administration is required in order for the assets to pass ownership to the beneficiaries.
Non-resident land ownership is not the only basis for an ancillary probate administration. Pursuant to Florida Statute §734.102, ancillary probate will be mandatory if a non-resident dies:
- Leaving assets in this state
- Leaving credits due from residents in this state
- Leaving liens on property in this state
Is a Personal Representative Required for Ancillary Probate Proceedings?
Under Florida law, there must be a personal representative named to represent the ancillary estate. In fact, Florida law is very specific regarding who acts as the personal representative of the non-resident’s estate that lies within the state’s borders. According to Florida Statute §734.102, if a personal representative has been specifically designated in the decedent's will to administer the Florida property, then the decedent’s wishes shall be respected if the designee is qualified to act in Florida. Otherwise, the foreign personal representative of the decedent's estate will have letters issued, if they are qualified to act in Florida.
If the foreign personal representative is not qualified, then any alternate or successor representative named in the will who is qualified to act in Florida can act as the personal representative in the ancillary probate matter. If the decedent’s will does not leave anyone qualified and able to act under Florida law as the personal representative, then those entitled to a majority interest of the Florida property may have letters issued to a qualified personal representative they have selected.
The Stories That Matter
Read Our Client Thank You Notes
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"Please know how much I appreciated your hard work and effort representing me!"Jeff, please know how much I appreciated your hard work and effort representing me! Thank you for putting up with me and for never making me feel inept.- S.H.
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"We cannot adequately express our gratitude for your excellent work in the resolution of this matter."I don't think there is a better way to express how we feel about these attorneys than to show our final message to them: Ryan & Adrian: We cannot adequately express our gratitude for your excellent work in the resolution of this matter. While certainly- MB & KB
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"Would not hesitate to use him in the future."
Took the time to explain to me what was going on with my case in way that made sense. Would not hesitate to use him in the future.
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"Adrian, Thanks, you’re doing a great job and you’re the best and only lawyer that has been ethical and professionally serious about this case."Adrian, Thanks, you’re doing a great job and you’re the best and only lawyer that has been ethical and professionally serious about this case. You have great communication skills as well. Thank you.- L.A.
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"I appreciate all your help with my case and your professionalism"Hi Michele, I appreciate all your help with my case and your professionalism. Jeff and Esther were extremely helpful, especially considering the difficult circumstances.- S.J.
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"Thank you for your time, kindness and help."Mr. Trinkler, Just want to say thank you for your time, kindness and help.- G.W.
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"Michele, Thank you. This speaks to the excellent work Mr. Thomas & yourself have done."Michele, Thank you. This speaks to the excellent work Mr. Thomas & yourself have done.
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"Thank you for all you have done."Hi Ryan, Thank you for all you have done. Truly feeling relief and a release, being free from lawsuit. Just wanted to tell you how much I depended on you, and appreciate all you have done.- E.D.
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