If a person from another state owns property in Florida, their estate may need to go through ancillary probate. This process ensures that out-of-state assets transfer according to the deceased’s wishes or Florida law. Only certain types of assets require ancillary probate.
Real estate held in sole ownership
Ancillary probate often applies to real estate owned solely by the deceased. If the property title lists only their name and does not belong to a trust or joint ownership, probate must occur before heirs can receive it. This includes vacation homes, rental properties, or undeveloped land in Florida.
Business interests registered in Florida
If the deceased owned an interest in a Florida business, such as an LLC, corporation, or partnership, ancillary probate ensures the proper transfer of ownership. Business agreements or Florida law dictate the process. Without probate, surviving business partners or heirs may struggle to claim the interest.
Vehicles, boats, and mobile homes
Titled property, such as cars, boats, and mobile homes registered in Florida, may require ancillary probate. If the deceased owned these assets individually and did not assign a transfer-on-death (TOD) beneficiary, probate must occur before heirs can claim them.
Bank accounts and investment properties
Bank accounts, brokerage accounts, and other financial assets located in Florida may need ancillary probate if owned individually without a designated beneficiary. Joint accounts with rights of survivorship or accounts with payable-on-death (POD) designations avoid probate.
The importance of ownership structure
The need for ancillary probate depends on how the deceased structured their assets. Joint ownership, trusts, and beneficiary designations help avoid probate. Reviewing asset titles simplifies estate administration and reduces delays for heirs.