Do you know what an ancillary probate administration is? If you have property outside of Florida but are a West Palm Beach resident this blog is for you. Florida courts lack jurisdiction over your property outside of the State and the West Palm Beach probate court cannot order thepersonal representative with regards to that property. In fact in a case out of the Fourth District Court of Appeals filed today an order was reversed after the court tried to levy orders on Georgia property.
Ancillary Probates
- When you have property outside of West Palm Beach that you own, the Florida courts simply lack jurisdiction.
- How can the personal representative operating out of West Palm Beach deal with the property?
- There is a procedure called an ancillary probate administration that occurs in a jurisdiction where the property is located.
- Keep in mind this could mean another State but it also may mean another country all together!
- Can your Florida licensed probate attorney assist you in this matter or are you going to have to pay another attorney fee to get this property probated?
- Is there anyway to handle this predicament?
- Have you considered transferring the property into a revocable trust and turning it intonon-probate property?
- Either way you cannot just get the court to issue an order in Florida and if you do its pretty valueless, here take a look at what happened in this case out of the Fourth District Court of Appeals.
Brown Jr. v. Brown
- An estate beneficiary in West Palm Beach appealed an order from the circuit court that directed the personal representative of the estate to divide and distribute Georgia real estate belonging to the decedent.
- Do you see the problem?
- The appeals court sure did, they reversed the order immediately and reminded everyone that the proper venue was Georgia for an ancillary administration.
Want to learn more about ancillary administrations outside of West Palm Beach?
Check out the entire case by clicking here.