Ancillary probate in Florida is a secondary probate proceeding used when someone who has passed away was domiciled in another state but owned property subject to Florida’s jurisdiction. Conversely, if an individual resided in Florida but possessed property in another state, ancillary probate may be required in the state where that property is located.
Florida courts generally require ancillary administration when an asset cannot be transferred without court authority and is governed by Florida law. Real estate is the clearest example of when this process may be necessary, because land is controlled by the state where it sits.
As such, ancillary probate is most commonly associated with out-of-state real estate, but it is also sometimes required for other types of assets as well. In Florida, whether ancillary probate is necessary for the resolution of a particular estate generally depends less on the “label” of a specific asset and more on where the asset at issue is located, in addition to how it is titled at the time of death.
The basics of ancillary probate
Tangible personal property physically located in Florida may require ancillary probate. Boats, vehicles, aircraft, art, jewelry or business equipment kept in the state may also trigger a need for ancillary probate. If these assets were owned solely by a decedent and are not governed by a beneficiary designation or survivorship feature, a Florida court may need to authorize their transfer.
Business interests can also raise ancillary probate issues. Ownership interests in Florida-based partnerships, limited liability companies or closely held corporations may be considered Florida assets, particularly if the governing documents or state law require court involvement to transfer ownership after death. This is especially common when interests are not held in a trust or otherwise structured to pass automatically.
With that said, bank or investment accounts located in Florida generally do not require ancillary probate if they are jointly owned with rights of survivorship, payable on death or held in a trust. However, accounts titled solely in the decedent’s name without beneficiary designations may require ancillary administration, depending on a particular institution’s policies and the nature of the account at issue
Is ancillary probate necessary for assets other than real estate? In some Florida cases, yes. Determining whether it applies requires careful review of asset type, location and ownership. Working with a skilled legal team can help.