Ocala, FL Ancillary Administration
Ocala Ancillary Administration of Florida Estates
Florida is a very popular tourist destination and many people choose to buy property here because of its warm weather year round. With so many vacation homes in Florida from out-of-state owners, a big question is what happens to their property if they pass away. Unfortunately, Florida encounters this issue many times and must enter ancillary administration, which can be a complicated and frustrating process for heirs if it is not handled correctly. At McGraw, Rauba & Mutarelli, we can provide you with a probate attorney in Ocala, FL, to oversee the entire process and help you avoid any severe complications.
What is Probate Law?
Probate is a legal process that occurs after a person passes away with property to their name. It is designed to identify, locate, and distribute the debts, assets, and property to the heirs or designated beneficiaries. Because of its complex nature, probate is typically handled by probate lawyers who are knowledgeable and experienced in the process to ensure that everything runs as smoothly as possible. Probate can be a long process, lasting several months, and any issue in paperwork or another aspect of the process could delay it or prevent beneficiaries from receiving their inheritance. Multiple types of probate exist due to different circumstances, including ancillary probate administration.
What is Ancillary Probate?
Ancillary administration, also known as ancillary probate, is a probate process that occurs when a deceased person owned property in a state different from the one where he/she resided at the time of death and aims to distribute that property to the rightful heirs or beneficiaries. The difference between ancillary probate and other forms of probate in Florida lies in the interstate property that it deals with. Because of the varying probate laws across state boundaries, ancillary probate can be difficult and time consuming to disburse. Unfortunately, this type of probate is very common in Florida because of the many snow-birds who choose to have vacation homes here.
The Ancillary Probate Process
In an ancillary probate proceeding, probate is first begun in the deceased person’s state of residence. Then, ancillary probate is opened in a second probate court where the out-of-state property is located. The will must then be examined and accepted by the court in the state of residence. Once it is accepted, the will is generally accepted by the other state without further need for proof. Because two probate proceedings must occur in different states, the process is usually more expensive and time consuming than other forms of probate and require multiple attorneys.
How to Avoid Ancillary Probate
Ancillary probate is never something that anyone wants to go through because of the time, money and complexities involved, however, many times it needs to be done. Unfortunately, there is no way to avoid probate if you wish to receive out-of-state property of the deceased. There are however, things you can do to spare your family from ancillary probate in the future if you own out-of-state real estate:
- Place the property in a revocable living trust.
- Record a transfer-on-death deed for the property as many states recognize this and do not require ancillary probate for the distribution of assets.
- Own the property with someone else, the intended heir, by entering a joint tenancy, tenancy by the entirety or community property with right of survivorship.
Ancillary Probate Lawyers for Out-of-State Clients
If you’re not a resident of the State of Florida and are looking for Ocala probate law firms to enter ancillary administration, at McGraw, Rauba & Mutarelli we can help. We have experience handling probate cases for out-of-state clients and we have the knowledge to assess the estate and advise you on how to proceed for a fast and efficient case. Contact us today for an Ocala probate lawyer you can trust.