Losing a loved one can leave you with difficult practical tasks at a time when you are still processing the loss. If your loved one lived outside Florida but owned property here, you may also need to gather paperwork for a Florida ancillary probate proceeding. Knowing what to look for can make this part of the process feel less overwhelming.
Here are the main records and information to gather before getting started.
The death certificate
A certified death certificate helps establish the basic facts the court needs about your loved one. Keep copies available because you may also need to provide one to financial institutions, government agencies or others handling estate-related matters.
The will and codicils
If your loved one left a will, locate the original along with any codicils, which contain later changes to the estate plan. Florida law generally allows a properly executed will and codicils to go through ancillary probate.
When another state already handled the will, gather the court records showing what happened there. Without an existing probate case elsewhere, the Florida court may need additional information before determining how to handle the estate plan.
Records from the home-state probate case
When probate has already started in another state, you will generally need official records from that case to show the Florida court what has already happened. The records should establish:
- The terms of the estate plan
- The court’s action on the will
- The authority given to the person handling the estate
For an estate without a will, you will instead need records showing that the home-state court opened the estate and gave someone authority to administer it. Florida Probate Rule 5.470 addresses the records that must accompany a petition for ancillary letters.
Information about Florida property
You will need records that identify the property or other assets located in the state. For a home or other real estate, gather the property’s legal description and ownership records. For other assets, keep information showing what the asset consists of, where it sits and its approximate value.
Florida law allows ancillary administration when a nonresident leaves certain property interests in the state. Having accurate asset information helps establish what the Florida proceeding needs to cover.
Beneficiary and personal representative information
Gather current contact information for the people who have an interest in the estate and the person who will handle the Florida proceeding. Names, addresses and relationships can help the court determine who needs notice and who can serve in the role.
Make the process easier to manage
The main items include the death certificate, estate planning records, records from any existing probate case, information about property in the state and details about the people involved. Because the paperwork you need can vary depending on what happened in another state and what your loved one owned, reviewing your records with an attorney can help you identify gaps before you file.