There are a number of forms of ancillary administration in Florida and we will discuss each one throughout our blog posts. However, there is one in particular that not too many know about and that one is called a Short-Form Ancillary Administration.
There are a number of rules and requirements to use this type of proceeding, so keep reading.
What are the requirements for a Short-Form Ancillary Administration in Florida?
In order to qualify, all of the following criteria must be met:
- The decedent had a will (a/k/a testate). If the decedent died without a will (a/k/a intestate), this technique is not available.
- The decedent was not a resident of Florida.
- The gross value of the Florida assets at the time of the decedent’s death was $50,000 or less.
- An executor was appointed by an out of state court.
- Authenticated pleadings of the domiciliary probate (the probate from the “home” state) are available for filing in the Florida court.
- The date of death was not more than 2 years ago.
Does an ancillary personal representative get appointed?
No, an ancillary personal representative (a/k/a executor) does not get appointed in this type of proceeding.
What about potential creditor issues?
If you are the foreign (“home” state) personal representative (executor) using this procedure, you must publish a Notice to Creditors and actually serve any creditors you are aware of. If a creditor then files a claim, then all bets are off. The short-form proceeding effectively ends, and a Florida personal representative must be appointed. So, this procedure should be carefully considered if there is a potential creditor issue.
Any other probate questions?
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About Oakstone Law, PL
Oakstone Law PL was founded by Bob Kleinknecht. A member of the Family Trust Subcommittee, the Estate Tax & Trust Planning (ETTP) Committee and the Real Property, Probate & Trust Law (RPPTL) Section of the Florida Bar, Kleinknecht has 15 years’ experience.
Prior to founding Oakstone law, he spent more than eight years serving as a personal, in-house estate, tax and charitable planning attorney for a Forbes 400 family in New York and Florida. Before that he was an estate planning and estate settlement attorney with prominent firms in Boston and Washington, D.C. after beginning his career with a boutique firm in Naples, Florida.
Licensed in Florida and Massachusetts, Kleinknecht has developed a practice model that eliminates billing by the hour and offers a streamlined, customized client process supported by technology, security and a personal approach.
For more information on Oakstone Law, click here. To get in touch with us, click here to send us an email, or call 239-206-3454. Our office is located at 5137 Castello Drive, Suite 2 in Naples, Florida 34103.