Trusted Cape Coral Ancillary Probate Administration Attorneys

If your loved one owned real estate in another state, you will most likely encounter ancillary probate administration issues. Ancillary probate administration is probate that is completed in a state other than the state where the decedent lived at death.

If you have questions regarding the probate process or what to do when a loved one passes away while owning real property in another state, contact our Florida law firm, Burandt, Adamski, Feichthaler & Sanchez, PLLC, for a free initial consultation. We will answer all your questions regarding the most effective and efficient ways to resolve your concerns.

Resolving Real Estate And Probate Matters

The ancillary probate process applies to real estate only. For example, if a person owns real estate in New York, but lived in Florida, there would be an ancillary probate administration in New York.

If you are administering the estate of a loved one and are having ancillary probate administration issues, we can be of service. As probate attorneys in Florida, we have handled numerous cases involving these same matters and know what to do to resolve your issues quickly and effectively.

Types Of Probate Administration

The type of administration necessary to transfer the decedent’s assets to the beneficiaries varies with the value of the estate and the necessity to appoint an administrator:

• Formal administration: For estates greater than $75,000 or for estates where an administrator is needed, a formal administration is required. A personal representative will be appointed who gathers assets, pays bills and conducts all other activities necessary to complete the process. The entire formal administration could take five to eight months.
• Summary administration: For estates less than $75,000 or where the individual has been deceased for more than two years, a summary administration may take place. Summary administrations are simpler and no administrator need be appointed. The court will usually distribute the property directly to the beneficiaries, assuming there is no conflict involved.
• Family administration: This administration is available but rarely used because of its limited scope.

Decades Of Guidance For Florida Real Estate Inheritance

Since 1974, Burandt, Adamski, Feichthaler & Sanchez, PLLC, has helped families handle Florida property matters. If you live outside Florida, our attorneys can explain each step, prepare the filings and keep you updated. We can also work with the Lee County probate court on your behalf. This local support can make Florida real estate inheritance easier to manage from another state.

Steps In The Florida Ancillary Probate Process

Each estate is different, but the Florida ancillary process often includes the following steps:

• Reviewing the will, probate records and Florida property deed
• Deciding whether summary or formal administration applies
• Filing the petition and records with the Lee County probate court
• Handling required notices, creditor claims and court requests
• Obtaining court authority to transfer or sell the property
• Recording the final documents and distributing the property

Following these steps in order can help you complete a lawful transfer or sale of the Florida real estate.

Answers To Common Questions About Florida Ancillary Probate

Managing an estate from another state can raise new concerns about Florida property. The following answers address common questions from out-of-state executors and family members:

Do I have to travel to Cape Coral, Florida, to handle my loved one’s ancillary probate?

In most cases, you will not need to travel to Florida. Our firm can prepare filings, communicate with the Lee County probate court and send you documents for review or signature. This can save you time and travel costs while allowing you to handle the matter from home. A court appearance may still be needed if a dispute or unusual issue arises.

How quickly can we clear the title to sell a Cape Coral vacation home after a loved one passes?

The estate must receive court authority before it can transfer clear title or complete a sale. The timeline depends on the type of probate used. Summary administration may move faster when the estate qualifies. Formal administration often takes longer because the court must appoint a personal representative and complete more steps. Missing records, creditor claims or family disputes may also cause delays.

What happens if the deceased left a will in their home state but did not mention the Florida property?

The Florida court may accept a valid will from another state as part of the ancillary case. It will review the will and probate records from the person’s home state. If the will does not cover the Florida property, Florida intestate succession laws may determine who inherits it.