Issuance of Ancillary Letters of Administration

To qualify to serve as personal representative of an estate in Florida, the personal representative must be related to the decedent or a Florida resident. A foreign will duly admitted can nominate a personal representative, provided the named individual would otherwise qualify to serve. Florida Statute §734.102(1). If no named personal representative is qualified to serve, there is an order of preference to appoint under Florida Statute §733.301(1)(b) and (3). However, if there is a will and no one named is qualified to serve, then a majority in interest of the estate beneficiaries are entitled to nominate the personal representative.

Generally, the ancillary personal representative does not need to appear in court or be present in Florida.

The petition for ancillary administration must include the following from the domiciliary proceedings: (1) for an estate with a will, the petition for probate, order admitting will to probate, and authority of the personal representative; or (2)for an estate without a will, the petition for administration and authority of the personal representative to act. Florida Probate Rules 5.470(a). Formal notice must be provided to: (1) all known persons qualified to act as ancillary personal representative and whose entitlement to appointment preference is equal or greater than petitioner’s (unless they have executed a waiver or joinder); and (2) all domiciliary personal representatives (unless they have executed a waiver or joinder). Florida Probate Rule 5.470(b).

The ancillary personal representative must provide a bond as required in Florida Statute §733.402.