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What is Florida Ancillary Probate?

Florida Ancillary ProbateMany foreign nationals and residents of other states own property in Florida; after all, with the sandy beaches and warm weather, it is an ideal place to visit, do business or retire.

When a person passes away while owning property in Florida, then that property and any other assets of the estate that exist in Florida must go through a process called Probate. If the person passed away in another state or country, the estate must be probated where the person passed away, and then the assets in Florida must go through Florida Ancillary Probate.

“Testate” probate means that the decedent passed away with a will, and “Intestate” probate means that the decedent passed away without a will. Regardless of whether the decedent had a will when he passed away, the estate still must go through Florida Ancillary Probate if the decedent had assets, property or otherwise, in Florida.

There are two types of administration in Florida Ancillary Probate: Summary and Formal Administration. As the names indicate, Formal Administration is a more complex and time-consuming process than Summary Administration, but it is required for all probates whose assets total over $75,000.00.

Florida Probate can be a complicated process, so it is important to hire an experience Florida probate attorney to assist you with the process. If you have been named as the executor of a will or you had a family member recently pass away, then contact Boyer Law Firm today to see how we can assist you through this process.

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