Florida is a popular destination for real estate investors since the quality of the market keeps improving year after year. Along with the real estate boom, we have also noticed a surge in probate cases that require the same ancillary administration solutions that you might be needing at this moment. Let us show you how Jurado & Associates, P.A. can help you.
When Is Ancillary Administration Necessary in Florida?
According to the concept of non-resident land ownership, along with the Florida Statute §734.102, ancillary administration will be necessary under the following circumstances:
- If a person dies and leaves assets in the state of Florida
- If a person dies and leaves liens on property located in Florida
- If a person dies and leaves credits due from residents in Florida
- If a person dies and leaves a business in the state of Florida
- If a person dies and leaves a car, boat or mobile home titled by the state of Florida.
If this is your situation, then you need a probate lawyer to handle the ancillary administration process, in order to pass the ownership of the assets to the beneficiaries. It can look complex at first, but with our help, you will obtain results quickly and while keeping the costs at a minimum, call us for a consultation at (305) 921-0976.
What Types of Ancillary Administration Exist in Florida?
Depending on your case, you might need a formal administration or a summary administration. To help you see which one you must choose, we have explained both types of ancillary probate.
When do you need summary administration for ancillary probate?
This is the simplest process, and in order to qualify for it, your case must meet the following conditions:
- The assets must be worth less than $75,000 USD
- All of the decedent’s bills must be paid
- All the heirs openly consent and agree to any court procedure
- All of the decedent’s assets are known.
Based on our experience at Jurado & Associates, P.A., we have solved the majority of summary administration cases in one month or less. If this is your case, contact us to start working on your case.
When do you need formal ancillary administration?
This is the most complex because it includes procedures such as negotiating with creditors, choosing a personal representative, dealing with unpaid bills, publishing in the newspapers, dealing with the heirs that do not agree, amongst others.
If your case meets any of the following criteria, then you will need a formal probate administration:
- The assets are worth more than $75,000 USD
- One or more of the heirs do not agree to court procedures
- A part of the decedent’s assets remain unknown
- One or more of the decedent’s bills remain unpaid
We understand that these cases can be daunting and hard since there are several issues to handle. Nonetheless, our team of probate lawyers at Jurado & Associates, P.A. is ready to help, after successfully solving hundreds of formal administration cases since we began our operations.
Ancillary Administration Florida Checklist: What Documents Do I Need to Present?
In order to open an ancillary administration and start the procedure, you need to bring the following documents:
- Letters of Administration
- Decedent’s last will
- An order that admits the will to probate
- Petition for probate
- Certified death certificates (2)
Ideally, the petition for probate should include the inventory of property in the state of Florida, copies of all the tax bills for the real estate property in Florida, copies of all the deeds, and the name and address of all the beneficiaries.
In case the petition for probate does not include such information, you can include them in a separate document. Nonetheless, when you work with us, we will make sure to start the process the right way.
Do Ancillary Administration Proceedings Ask for a Personal Representative?
The procedure asks for a qualified personal representative – also known as the executor -, which according to the Florida Statute §733.304, must be either a legal resident in Florida, related to the decedent by blood, a spouse, a legally adopted child, or the adoptive parent of the decedent.
Ideally, the will should nominate a personal representative, but in case it does not, the beneficiaries entitled to the majority of the estate in Florida, are capable of issuing letters to a personal representative or executor nominated by them.
If the decedent dies intestate, the beneficiaries can apply the same procedure. The majority will always have the right of choosing the personal representative to handle the process.
How Long Does Ancillary Probate Take in Florida?
It depends on the type of ancillary probate. If it is a summary administration, then we can complete it in one month or less. On the other hand, if it is a formal administration, then the process can take six months on average. Here is how it looks like:
- The probate court bonds the qualified personal representative/executor
- The probate courts grants the personal representative to act on the behalf of the estate, via issuing letters of administration
- The letters of administration bring the executor the power to list and sell any real property from the estate
- For 90 days, the executor must publish for outstanding creditors, to bring them a time window to claim unpaid bills
- The personal representative is obligated to arrange an inventory sixty days after appointment
- The beneficiaries are entitled to an accounting of the estate, which includes costs, fees, bills, creditors, amongst other expenses
As you can easily see, a formal administration involves several steps, and hence, you need an experienced and capable probate and estate planning lawyer to help you. Contact us at (305) 921-0976 to review and work on your case.
How Much Does An Ancillary Administration Cost?
The costs will vary depending on the complexity of the case. If we are talking about a simple summary administration with no major issues, then the costs will be anywhere from $600 to $1,000 USD, which includes the cost of opening the ancillary administration, sending a notice to creditors, paying for the mailing of documents, etc.
In summary, the cost of the ancillary administration will depend on the total worth of the estate, as well as its inherent issues such as unpaid bills, unknown properties, heirs that do not agree, amongst other factors.
What is the cost for hiring a Florida probate lawyer for ancillary administration?
Furthermore, if we talk about the probate attorney fees, then according to Section 733.6171 of the Florida Probate Code, then the fees start at 3% of the value of the probate assets. On the other hand, you could opt for paying the hourly rate, which is $350-450/hour for most Florida and Miami probate lawyers. If you choose Jurado & Associates, P.A., then we will bring you a cost-efficient solution.
Contact Us To Handle Your Ancillary Probate Case Easily
We have handled and solved hundreds of ancillary probate cases, and therefore, we are ready to help you. It does not matter how complex it might look at first glance, we will find the easiest and quickest way to solve it. Call us at (305) 921-0976 or email us at [email protected] for a consultation.