When your parents own a winter home in the Sunshine State to escape the bitter cold of the north, it may be exciting to get away from the winter chill. However, when your parents pass away with property in a second state, this can become a complex matter. As such, understanding what ancillary probate is and how it can help you resolve these matters is critical. Luckily, the following blog explores what you should know about these matters and why connecting with a Pasco County, FL probate lawyer is in your best interest.
What Is Ancillary Probate?
Ancillary probate is the process in which any real estate owned by a non-resident is handled. For example, if a non-Florida citizen dies while owning a vacation home in the state, their executor must connect with an attorney in Florida who will probate the real estate on behalf of the estate. Essentially, this allows the probate court to transfer this property to an out-of-state beneficiary. This is a very common process in Florida, as many people own property in the state to spend the colder months before traveling back to their primary residences up north.
How Does This Process Work?
This process is very similar to traditional probate. As such, the probate court will appoint someone to serve as the representative for the estate. However, because there are challenges associated with naming out-of-state individuals as executors, an attorney will often take over this process.
The attorney employed to represent your loved one’s assets in Florida will then proceed as usual with the probate process. Depending on the estate’s value, they may be able to go through “summary” administration, which is a shortened process. However, if the value is over $50,000, a full ancillary administration would ensue, which is a formal probate process.
Can a Florida Attorney Help Me?
When someone passes away, it can be incredibly overwhelming to handle their estate on your own. However, when they also own property across the country, this adds another layer of stress to the situation. As such, it’s imperative to connect with an attorney. This is because a Pasco County, Florida attorney can not only help guide you through this complex process, but they can also be there on behalf of your estate in circumstances where a representative must be present.
It’s no surprise that probate can be an incredibly complex and overwhelming process, especially when you’re still grieving the loss of your loved one. As such, connecting with an experienced attorney to help you navigate this process is critical, especially if your loved one owned property in Florida despite not living there. At the Law Offices of Matthew J. Jowanna, our dedicated legal team will do everything possible to help make this process easier for you and your loved ones. Connect with us today to learn how we can help.
