Ancillary Probate in Pembroke Pines, FL

When someone passes away owning property in Florida but lived in another state, their estate may need to go through ancillary probate. This means opening a second probate case in Florida, in addition to the primary probate in their home state, just to transfer the Florida real estate or other assets. It's an extra layer of legal process that catches many families off guard, especially when they're already dealing with probate back home. Carol L. Grant, P.A. helps out-of-state executors and families handle ancillary probate in Florida efficiently. We coordinate with attorneys in other states, file the necessary court documents in Broward County, and make sure Florida property gets transferred to the right people without unnecessary delays or complications. We serve clients throughout Pembroke Pines, Fort Lauderdale, Miami, and the surrounding areas. Call (954) 404-8274 to schedule a consultation and get the Florida legal help you need.

Who Needs Ancillary Probate in Pembroke Pines?

Ancillary probate becomes necessary when someone dies as a resident of another state but owns real estate or other assets in Florida. This happens frequently in South Florida because so many people own vacation homes, investment properties, or condos here while living primarily somewhere else. If your loved one owned a home in Pembroke Pines, but lived in New York, Ohio, or any other state, you'll likely need ancillary probate to transfer that Florida property. The same applies if they owned rental property in Miramar, a condo in Fort Lauderdale, or land in Davie. Out-of-state personal representatives often feel frustrated having to hire a second attorney and deal with a second court system, but Florida law requires it. We make the process as smooth as possible by handling the Florida side while you focus on the primary estate administration in your home state.

What to Expect During Ancillary Probate

Step 1: Initial Review and Coordination

We review the Florida assets, the probate documents from the domiciliary state (where the deceased lived), and coordinate with the out-of-state attorney to understand what's already been done and what Florida specifically requires.

Step 2: Filing the Ancillary Probate Petition

We file the ancillary probate petition with the appropriate Florida court, along with authenticated copies of the will, death certificate, and letters of administration from the primary probate. This opens the Florida probate case.

Step 3: Notice and Publication

Just like regular probate, we must publish notice to creditors in a local newspaper and provide notice to beneficiaries. However, since debts are typically handled in the primary probate, the Florida process often focuses mainly on transferring property.

Step 4: Managing Florida Assets

We help you handle any Florida-specific issues like maintaining property insurance, paying property taxes, addressing homeowner association fees, and managing the property until it can be transferred or sold.

Step 5: Transferring or Distributing Florida Property

Once all requirements are met, we obtain court approval to transfer the Florida property to beneficiaries or authorize its sale. We then record the necessary documents to clear the title.

Benefits of Working with Carol L. Grant for Ancillary Probate

When you work with an experienced Probate Attorney in Pembroke Pines like Carol Grant, she’ll coordinate seamlessly with your attorney in the domiciliary state to make sure nothing falls through the cracks, and that all required documents flow smoothly between the two probate cases.

Common Questions About Ancillary Probate

Why is ancillary probate necessary in Florida?

Florida law requires probate for real property (land, houses, condos) located within the state, regardless of where the deceased lived. Each state has jurisdiction only over property within its borders, so the probate from another state doesn't have legal authority to transfer Florida real estate. Ancillary probate gives the Florida court jurisdiction to issue orders transferring the property. It's an extra step, yes, but it's legally required. The good news is that if the deceased had a trust that held the Florida property, or if the property was owned jointly with rights of survivorship, ancillary probate can usually be avoided. But if the property was in the deceased's name alone, ancillary probate is necessary.

How long does ancillary probate take in Florida?

Most ancillary probate cases take between 4 to 8 months, though the timeline depends on several factors. Simple cases where the primary probate is complete, there are no creditor issues, and beneficiaries agree on everything can move relatively quickly. Cases involving property sales, title issues, or beneficiary disputes take longer. One advantage of ancillary probate is that it's often more limited in scope than the primary probate, Florida courts mainly care about transferring the Florida property, not settling the entire estate. If the domiciliary probate has already handled creditor claims and other issues, the Florida process can be more straightforward. We work to complete ancillary probate efficiently while making sure all legal requirements are met.

Can ancillary probate be avoided?

Sometimes, yes. If the deceased owned Florida property in a trust, the property passes according to the trust terms without any probate, primary or ancillary. If the property was owned jointly with rights of survivorship (like a married couple owning their vacation home together), it automatically passes to the surviving owner. If the property had a transfer-on-death deed or lady bird deed, it may transfer without probate. However, if the deceased owned Florida real estate in their name alone with no beneficiary designation or special deed, ancillary probate is required. Many people don't realize they need estate planning for out-of-state property until it's too late. We help families both handle ancillary probate when needed and plan ahead to avoid it in the future.

What's the difference between domiciliary and ancillary probate?

Domiciliary probate is the primary probate case opened in the state where the deceased lived (their domicile). This is the main estate administration that handles all debts, taxes, and most assets. Ancillary probate is a secondary case opened in another state where the deceased owned real property. It's limited in scope, usually just dealing with the out-of-state property, not the entire estate. The domiciliary probate takes the lead, and the ancillary probate essentially follows along to transfer the specific property located in that state. You need a separate attorney licensed in each state because attorneys can only practice in states where they're licensed. We handle the Florida ancillary probate while your home-state attorney handles the domiciliary probate.

Do I need to appear in Florida court for ancillary probate?

Usually not. Most ancillary probate cases in Florida can be handled without the personal representative appearing in court, especially if you're working with an experienced probate attorney. We can file documents, communicate with the court, and handle most matters on your behalf. If there's a dispute or unusual issue that requires a hearing, we represent you in court. In rare situations where your physical presence is required, we'll let you know well in advance. Many out-of-state personal representatives never set foot in Florida during the entire ancillary probate process. We handle the legal work while you focus on your responsibilities in your home state.

How much does ancillary probate cost in Florida?

Costs for ancillary probate include court filing fees (typically around $400), publication costs for creditor notice, attorney fees, and potentially other expenses like property appraisals or title work. Attorney fees in Florida can be based on the value of the Florida property or charged hourly depending on the case's complexity. The good news is that all these costs are paid from the estate assets, not from your personal funds. During your consultation, we'll review the Florida property and provide an estimate of expected costs. While ancillary probate adds expense to the overall estate administration, it's legally required and typically less costly than the primary probate because it's more limited in scope.

Areas We Serve

Carol L. Grant, P.A. handles ancillary probate cases throughout Broward County and Miami-Dade County. Our office is located in Pembroke Pines, and we regularly work with out-of-state families and attorneys dealing with Florida property in Fort Lauderdale, Miami, Cooper City, Miramar, Hollywood, Davie, Weston, and Plantation. If your loved one owned property anywhere in South Florida and you need to open an ancillary probate case, we're here to help.

Schedule an Initial Call to Discuss Ancillary Probate with Carol

Dealing with probate in two states doesn't have to be overwhelming. Whether you're just learning you need ancillary probate in Florida or you're ready to get started, Carol L. Grant, P.A. can help. We'll explain what's required, coordinate with your out-of-state attorney, and handle the Florida side of things efficiently. You don't need to become an expert in Florida probate law, that's our job. Call (954) 404-8274 today to schedule your consultation, or email us at Carol@CarolGrantLaw.com. Let's get that Florida property transferred properly.