Estate Administration – Second Homes in Florida

Florida is a popular destination for people who want to own vacation or second homes in the Sunshine State but maintain their legal residency outside of Florida. Many people who own property for years and when they pass away their estate would require the probate process if the owned property in their individual names. Florida Statute 734.102 governs ancillary probate administration in Florida and states that an ancillary probate will be mandatory if a non-resident dies: (1) leaving assets in this state, (2) leaving credits due from residents in this state, or (3) leaving liens on property in this state. If the non-Florida resident passes away in a state other than Florida, they would file a probate action in the state of their residency. What their estate will find when they go to distribute the Florida property to the beneficiaries of the decedent is they need to file an Ancillary probate action in Florida to transfer ownership to the property. The same Florida probate rules apply in an Ancillary action as they would in a probate action if the defendant was a resident of Florida, meaning the Ancillary probate case would require a personal representative and the filing could either be a formal probate action or a summary administration action, if the decedent has been dead 2 years or more or the value of the Florida property is less than $75,000. The Critzer Law Firm can help you if you have questions or need to resolve probate assets in Florida.