Probate is a process of transferring title or ownership of assets owned by the decedent in his/her own (individual name) to the people they leave behind. If by will, this is referred to as a Testate Estate. If no will has been left by the decedent, then the decedent’s property will descend by Intestate Succession.
In either case, there needs to be administration performed through the Court system to vest title in the decedent’s survivors of all assets owned by the decedent in his/her own name.
If real estate is involved, a formal (Probate Administration) is required with the appointment of a Personal Representative, the publication of Notice to Creditors, the filing of Inventories and Accountings with the Court. The Court will enter an Order of Discharge of the Personal Representative once the Personal Representative has completed the administration responsibilities involved.
An Ancillary Administration is necessary when assets in a decedent’s own name are found in a state other than the domiciliary state.
For example, if a Florida resident dies owning real property in the Commonwealth of Pennsylvania or the State of New York in their own individual name, separate administrations will need to be commenced in each of those jurisdictions to pass title to the property located there to the decedent’s heirs under his/her Last Will and Testament or by Intestate Succession. It is called Ancillary Administration because it is ancillary or separate from the main Probate Administration which takes place where the decedent is domiciled at the time of his/her death. The key elements of Probate Administration in Florida are broken down for your convenience into the following easy to understand areas. Our attorneys have extensive knowledge and past experience practicing for over 20 years in all of the areas below.