Sam J. Saad IIII, Monthly Newsletter
Here’s a simple breakdown of the four main types of probate and how they interact.
Domiciliary vs. Ancillary Probate
- Domiciliary Probate happens in the state where the deceased lived permanently. For Florida residents, this means probate is opened in their Florida county of residence and covers all in-state property.
- Ancillary Probate is required when the deceased owned property in another state. For example, if a New York resident owned a Naples condo, probate would be opened in New York (domiciliary) and in Florida (ancillary) to handle the Florida property.
Formal vs. Summary Administration
- Formal Administration is the standard probate process when the estate is worth more than $75,000 or the death occurred within the past two years. It requires appointing a personal representative, notifying creditors, and court oversight before assets are distributed.
- Summary Administration is a simplified option when the estate value is under $75,000 or the death occurred more than two years ago. It’s faster and less costly, but beneficiaries may be responsible for unpaid debts.
How They Work Together
These categories often overlap:
- A Florida resident with out-of-state property may need domiciliary probate in Florida plus ancillary probate elsewhere.
- A non-resident with Florida property will need ancillary probate here, which may be handled formally or summarily depending on value and timing.
- Estates more than two years old may qualify for summary administration, even if larger.