An ancillary probate administration refers to a probate proceeding in another state where the decedent owned property but was not a resident at the time of death. The procedures for an ancillary administration are similar to that of a formal probate administration for decedents that were Florida residents at the time of death. This type of administration would be appropriate if the decedent owned assets that are located within Florida (such as a vacation home) that the decedent’s state of residence did not have jurisdiction over.
For example, at the time of Brad’s death, he was a resident of New Jersey. Brad’s estate was probated in New Jersey. However, the New Jersey court could not dispose of Brad’s vacation home in Sanibel Island because it did not have jurisdiction over the vacation home. In order to enforce Brad’s estate’s rights relating to the Sanibel Island property, an ancillary administration may be needed. However, as is the case for resident decedents, abbreviated proceedings may be available (Summary Administration) if the cumulative value of Florida property is below $75,000.00 or if the proceedings are commenced two years after the decedent’s death.