32907 Probate Attorney │ LawOnline Probate │ 321.237.2869

Ancillary Probate in Florida

LawOnline Probate

32907 Probate Attorney │ LawOnline Probate │321.237.2869

Welcome to Ancillary Probate Administration in Florida. This brief article will provide an overview of how to probate property of a decedent who owned property in Florida, but was not domiciled in Florida at the time of death.

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Palm Bay Probate

LawOnline Probate


Herbert L. Allen, Jr., P.A. dedicates this website to LawOnline Probate.


LawOnline Probate

Probate in Palm Bay, FL 32907      


32907 Probate Attorney │ LawOnline Probate │ 321.237.2869

I have helped people with their probate needs in Palm Bay, FL 32907. Palm Bay has grown tremendously over the last forty years, and continues to grow. Many retirees live in Palm Bay, and need help with estate planning and probate. I was born and raised in Brevard County, and I have witnessed many changes during my years here.  After graduating from Satellite High School in 1974, I later graduated from  the University of Florida Law School (Juris Doctor, with Honors). I have practiced probate law since then, along with other areas of law. Palm Bay, FL 32907 has grown and changed dramatically, but so has probate law. The Brevard Courts have also changed. Some people from Palm Bay, FL 32907 cannot come to my office in Satellite Beach, FL 32937 very easily. So, LawOnline Probate offers them a great option to do probate without an office visit. In fact, I have helped people living in Alabama, California, Colorado, Georgia, Massachusetts, Oklahoma, Virginia, and other states with their probate needs in Florida.  If you need help with probate matters Palm Bay, Florida 32907, please give me a call. 32907 Probate Attorney │ LawOnline Probate │321.237.2869


Ancillary Probate Administration

As the term “Ancillary” suggests, Ancillary Probate concerns opening a probate proceeding in Florida based upon a primary probate case in another state. I will use the term “foreign” below to describe the other state where the original probate proceeding began. The decedent may have owned real estate or other items in Florida, but was not domiciled in Florida and may not have died in Florida. The state of domicile usually opens a probate proceeding, and then we open an Ancillary Probate Proceeding in Florida. This post provides a partial overview of some things that happen in an Ancillary Probate Administration. Section 734.102, Florida Statutes governs ancillary probate proceedings. As always, do not rely upon anything in this article as legal advice. If you have any questions, please contact me at 321.237.2869. 32907 Probate Attorney │ LawOnline Probate │321.237.2869


Ancillary Administration: Assets in Florida

The first step involves determining all the assets the decedent owned situated in Florida. I use the term owned very broadly. Those assets may include a mobile home, vehicles, accounts receivable, debts owed to the decedent (perhaps secured by Florida property) or other items of value situated in Florida. I always like to understand what assets were Florida assets and how much those assets are worth. I also like to understand the details of those assets as to ownership, value, and anything else of interest. 32907 Probate Attorney │ LawOnline Probate │321.237.2869


Ancillary Administration: Select the Proper Proceeding

Ancillary Administration may take several forms. Two common choices are Formal Ancillary Administration and Summary Ancillary Administration. Not all estates will qualify for Summary Ancillary Administration, so we must choose carefully.  Summary Ancillary Administration will usually be faster, but Formal Ancillary Administration will provide greater flexibility in resolving any contested matters, and disposing of assets, and distributing assets. 32907 Probate Attorney │ LawOnline Probate │321.237.2869


Ancillary Probate: Exemplified Copies

Because a probate proceeding has already begun in another state, and sometimes already finished, the probate court requires that we obtain exemplified copies of the foreign probate proceeding. Those copies must be triple sealed by the foreign court. We need to file those exemplified original copies withe Brevard County Probate Court. They provide reliable background information to what happened in the original probate proceeding. 32907 Probate Attorney │ LawOnline Probate │321.237.2869


Ancillary Probate: Admit Foreign Will

In cases where the decedent died with a will, then we must have the foreign will admitted to probate. Usually this poses no problem, because the decedent’s will was already admitted to probate in the foreign court. Once the foreign will is admitted to probate in Brevard County, Florida, then things may proceed. 32907 Probate Attorney │ LawOnline Probate │321.237.2869


Ancillary Probate: Probate as Usual

After admitting the foreign will to probate, then things follow the normal path for either Summary Administration or Formal Administration. Summary Administration requires careful planning and preparation because the court does not appoint a personal representative. Therefore, we must be sure that we have listed in the Petition for Summary Administration all the Florida assets, all the creditors, all the beneficiaries, and any other items that may need attention. In Formal Administration, we will have a personal representative appointed who will follow the normal probate procedures, including notifying people of the probate proceeding, notifying creditors and others of the Florida probate proceeding, dealing with creditors, and finally distributing the assets. 32907 Probate Attorney │ LawOnline Probate │321.237.2869


Ancillary Probate: Communication

Communication remains very important in Ancillary Probate Proceedings. From start to finish, we must work together to gather information, prepare documents, take action, pay creditors with valid claims, distribute assets, and do many other things. I urge my clients to talk with me before they take action, like sell  an asset, give something away, pay bills, or distribute assets. Communication can avoid many problems, and communication speeds the probate process. 32907 Probate Attorney │ LawOnline Probate │321.237.2869

Florida Probate Basics

I have been practicing in Brevard County, Florida for more than twenty-five years. Therefore, I have experience in the Brevard County Probate Court. The probate process does not have to be stressful, but it often takes time and patience. The Brevard Probate Court, with its staff of efficient probate clerks, labors under a large case load. I find them a pleasure to work with as we move cases through the probate system. Probate requires everyone from beneficiaries to creditors to personal representative to follow the rules and the law. Those probate rules and laws may be very complex. At times, the probate judge must make decisions in contested matters. Most often, however, the probate cases work their way through the system without huge turmoil.  32907 Probate Attorney │ LawOnline Probate │321.237.2869


Free Consultation

Lawonline Probate uses technology to help people with probate and estate planning needs in Indialantic, FL 32903. We may use online means and other electronic communications to move cases forward and prepare important paperwork. I provide personal legal care for each person I help as a lawyer. When you need legal advice concerning estates & trusts, probate, trust administration, or have other legal needs, please give me a call. I answer my own telephone at 321.237.2869 and welcome your call.  32907 Probate Attorney │ LawOnline Probate │321.237.2869



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