Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a decedent leaves assets in more than one Florida county or in another state, you must coordinate separate probate or ancillary administration proceedings. Florida law governs how to handle in-state assets, while other jurisdictions require their own process. Follow these key steps under Florida law (Fla. Stat. chs. 733 and 734) to manage a multi-jurisdictional estate:
1. Inventory and Classify Assets by Location
- List real property by county (e.g., Miami-Dade, Orange County).
- Identify personal property with situs in Florida (bank accounts, vehicles, stocks) versus out-of-state holdings.
- Determine whether any assets qualify for small-estate procedures (Fla. Stat. §735.201).
2. Open Main Probate in the Primary Venue
- File a petition in the Florida county where the decedent was domiciled. See Fla. Stat. §733.201 et seq.
- Submit the will (if any) and obtain Letters Testamentary or Letters of Administration.
- Gather creditor claims, pay debts, and prepare an inventory for Florida assets.
3. Initiate Ancillary Administration for Out-of-State Assets
- File an ancillary probate petition in the jurisdiction where the non-Florida asset sits. Each state has its own rules.
- Appoint the Florida personal representative as ancillary administrator in that state. Fla. Stat. §734.01 outlines ancillary administration in Florida; see Fla. Stat. §734.01.
- Obtain ancillary letters of administration and comply with local filing, notice, and bond requirements.
4. Coordinate Distributions and Tax Filings
- Collect proceeds from ancillary administrations and transfer funds to the main Florida estate.
- Prepare federal estate tax (Form 706) and state tax returns if applicable.
- Execute distributions under the Florida will or intestate succession rules (Fla. Stat. §732.101 et seq.).
5. Close All Proceedings
- File a petition for discharge when all assets are distributed and fees are paid.
- Obtain court order closing the main estate in Florida.
- Ensure ancillary courts close their proceedings as well.
Helpful Hints
- Begin asset gathering immediately to avoid missing statutes of limitations.
- Consult local counsel in each jurisdiction early to confirm filing requirements and timelines.
- Use certified copies of Letters Testamentary for ancillary filings.
- Track all court dates, notices, and bond expirations on a shared calendar.
- Maintain clear records of inter-jurisdictional distributions to simplify closing.
- Consider mediation or informal family meetings to reduce disputes across state lines.