Free Consultation | El Abogado Habla Español 239.970.6844
Your Advocates

Ancillary Probate in Fort Myers

Experienced Help from Our Fort Myers Lawyer

Real estate is governed by the state it is within, no matter who owns it or where they might primarily reside. It is for this reason that if a loved one passes away in one state but solely owns property in another state, ancillary probate must be taken into account. Ancillary probate – sometimes called second probate – is essentially an entirely separate probate process that specifically deals with any out-of-state property mentioned in the decedent’s last will and testament. This procedure is done to transfer the real estate title in another state.

Legal Help Going from Fort Myers Lawyers

Going through probate once is more than enough for the executor of the will. Having to start the process all over again, perhaps even multiple times for the different states they held property in, can be all the more stressful and tiring. If you have been named as the executor of a loved one’s will and might have to go through ancillary probate, contact Your Advocates for help today. With one of our Fort Myers probate attorneys, you can rest assured knowing that your case is being handled by a knowledgeable and compassionate professional.

Understanding the Ancillary Probate Process

If a decedent owned real estate in different states at the time of death, two probates may be required, as real estate is governed by the law in the state where it is located, not by the laws of the state where the owner resided. Other than needing the transcript of the proceedings, ancillary probate in Florida is handled in a similar manner to any regular Florida probate. Ancillary probate can be handled as a summary probate or a formal probate depending on the specifics of the case.

Let's say Sue is single and a resident of Buffalo, New York. She lives and owns property in New York but she also owns a vacation home in Florida, she's what locals call a "snowbird." Upon her death, there will need to be a Florida probate proceeding before the vacation home can be transferred to her daughter, who stands to inherit the property.

Addressing Concerns Regarding Ancillary Probate

More often than not, once the probate court in the decedent’s state of residence reviews and approves the will in question, other relevant state courts will accept it as well. They are not required to accept these foreign wills, however, and have the right to bring it to their own state’s probate court for review. If they do, this does not necessarily mean that an individual is contesting a will. Furthermore, there are benefits to ancillary probate but, for the most part, it only takes more time, energy, and money from families and executors involved.

There are ways a testator can help loved ones avoid ancillary probate, including:

  • Shared Property: Real estate that is shared with another, even fractionally so, will not require ancillary probate in other states. In most cases, shared property rights will be granted to the surviving owner.
  • Revocable Living Trust: Should real estate rights be given to another in a revocable living trust, that person will be able to distribute the property as they see fit upon the testator’s passing.
  • Transfer-on-Death Deed: To avoid listing property in a will altogether, certain pieces of real estate can be named in a transfer-on-death deed. Such declarations will give sole ownership to the named party if the testator should pass away.

Retain the services of a Fort Myers attorney today!

Any form of probate – whether it is original or ancillary – requires careful attention and an unbroken devotion to the wishes of the will. Most executors and family members simply cannot find the energy necessary to devote their time to the probate process. It is highly recommended and popular to ask a professional lawyer for assistance. Our Fort Myers attorneys have years of experience handling probate law, and our mission is to provide you with superior client service.

Request a free consultation today to see what our integrity and personalized client focus can do for you and your probate cases. If you are an AARP member, we offer discounted prices just for you!

Meet Our Attorneys

  • William M. Powell, Esq.
    William M. Powell, Esq. Partner
  • Rita M. Jackman
    Rita M. Jackman Partner
  • Adam J. Stevens
    Adam J. Stevens Partner
  • Richard M. Ricciardi, Jr.
    Richard M. Ricciardi, Jr. Partner
  • William M. Powell, Esq. Partner
    William M. Powell, Esq.

    Although William M. Powell, Esq. is well-versed in a variety of legal matters and case types, he has built a strong reputation through his focus on personal injury and medical malpractice cases. Your Advocates are proud to have him as a member of our law firm. He shares our passion for helping people in need and prioritizes our clients’ needs. Read More

  • Rita M. Jackman Partner
    Rita M. Jackman

    Ms. Jackman’s unwavering ambition and leadership has provided clients and will provide her future clients a star in this profession. Ms. Jackman is a relentless researcher and preparer who handles her client tasks with a tremendous amount of preparation and thought. Ms. Jackman was born and raised in Cape Coral, Florida which has worked to benefits her practice and the clients that she serves. Read More

  • Adam J. Stevens Partner
    Adam J. Stevens

    Mr. Stevens has found his niche by becoming a litigation attorney and understands that communication between an attorney and client are paramount to obtaining favorable results. Mr. Stevens is known for taking on any and all types of cases no matter how difficult or routine they may be. Mr. Stevens is known as an aggressive attorney, though at the same time understands that some cases require a more patience to ensure a favorable result. Mr. Stevens does not shy away from challenging legal issues and has litigated complex matters against municipalities, international unions, large banking institutions, and several insurance companies. Read More

  • Richard M. Ricciardi, Jr. Partner
    Richard M. Ricciardi, Jr.

    His experience in litigation provides him the ability to identify and isolate potential areas of conflict and effectively counsel clients around potential pitfalls. Mr. Ricciardi believes that proper estate planning, real estate counsel, and business planning are areas of importance to everyone. Protecting and dispensing clients' various interests, assets, and lifetime earnings can make the difference between a comfortable retirement and wasting thousands of dollars in assets and earnings. Specialized knowledge, experience and attention to detail in these areas is therefore critically important. Read More

How We're Different:

  • Dedicated & caring service
  • Over 70 years' combined experience
  • One-on-one attention
  • Customized strategies
  • Accessible - 24 hour response time
  • El abogado habla español