New Jersey Ancillary Probate Estate in Florida

We receive phone calls from New Jersey relatives and friends wondering what they need to do about the second home or condominium in Florida when someone close has passed, sometimes the day after they have passed which falls on ancillary probate estate.  It is a concern that suddenly needs to be addressed.  There are usually so many more important matters in New Jersey that will require immediate attention, the only concern about the property in Florida should be that the electric bill is paid, and the air conditioning is running.

When your mother, father, brother, sister, or a close friend has passed, there is always so much stress.  The sense of loss is heartbreaking.  It is difficult to deal with both the emotions associated with the loss as well as coordinate all the arrangements and communications with family and friends. 

As difficult as this time can be, it is important to try to do first things first.  Make a list of random thoughts of what you think are important, just talk them into your phone or type them up on your computer.  The process will get them out of your head.  Sometimes, when emotions weigh heavily in dealing with such a traumatic event, your mind will operate like a scratched record album.  The needle keeps skipping and replaying the same step over and over in your mind, which makes it nearly impossible to move forward.  It also may be so difficult that you will need to rely on someone to help you with this.  Once you have your thoughts down, step away, take some time, then revisit the list.  Prioritize the list and, if it is still overwhelming, get help in prioritizing the list, break each item down.

Why is this an important process when dealing with an ancillary estate in Florida?  Because the property owned by the decedent should not be on the top of that list.  It should be on the list as well as locating the will, life insurance policies, and other paperwork associated the estate, but not at the top of the list. 

Why does there need to be an Ancillary estate filed in Florida for the property owned by the decedent when there was already an estate opened in New Jersey?  The Courts in New Jersey do not have jurisdiction over the property in Florida.  In order to transfer the title (the deed) from the decedent to another party, there needs to be a person, recognized in the State in which the property is located, that will have the authority to transfer the property on behalf of the estate.  To do that, an estate needs to be opened in Florida and a Personal Representative will need to be appointed by the court (in some states this person is called the Executor).  Once the Personal Representative is appointed and they receive the letters of administration from the Florida Court, they can handle the affairs of the decedent’s estate (garnering assets of the estate, publication/notice for creditors to file claims against the estate, satisfaction of legitimate claims, distribution of the property of the estate).

We can discuss the requirements to file a New Jersey ancillary estate here in Florida, whether the decedent has a will (testate estate) or does not have a will (intestate estate) and we can address any concerns about getting the Personal Representative appointed.

We have handled many ancillary estates from New Jersey.  Our goal is to make the entire transition as simple and smooth as possible.  We answer our phones and return calls. 

If you need help and find it necessary to file a New Jersey Ancillary estate in Florida, give my office a call.  I appreciate you taking the time to read my webpage and please stay safe.