Columbia County Probate Process for Residents & Non-Residents

In Florida, probate is a court-supervised process to identify a deceased person’s assets, settle claims of creditors, and ensure property is distributed to the rightful beneficiaries. Whether the decedent had a Last Will & Testament or died intestate (without a will), the process provides legal oversight and certainty for all parties involved.

Probate Assets

The first and most important question in determining whether probate is necessary is whether the decedent left any probate assets. Probate assets are titled in the sole name of the decedent without a designated beneficiary or payable-on-death (POD) designation. These assets are legally frozen upon death and can only be transferred through the probate process.

• Examples of probate assets include:
• Solely owned real estate
• Bank accounts without POD instructions
• Vehicles or personal property held solely in the decedent’s name

By contrast, non-probate assets can include:

• Jointly owned property with rights of survivorship
• IRAs or retirement accounts with named beneficiaries
• Life insurance proceeds payable to a named beneficiary
• Trust assets

Step 1: Confirm Real Estate Title
The first step is to verify how any real estate is titled by visiting the Columbia County Property Appraiser. If the most recent deed and property appraiser records show the property was solely owned by the decedent, probate will be necessary to eventually sell or transfer the property. Many families choose to sell the property during probate so proceeds can be distributed among the beneficiaries. However, it’s strongly recommended to wait until the estate is formally opened and a personal representative is appointed before signing any sales contracts.

Step 2: Review Mail and Statements
Another important step is checking the decedent’s mail, as banks and insurance companies often send account statements and other notifications. The personal representative or a family member should arrange for mail forwarding by submitting a change of address request to the United States Postal Service. This can be done online at USPS.com or in person at any local branch.

Restricted Depositories

When estates or guardianships in Columbia County involve the sale of real property or substantial assets, the court may require the establishment of a restricted depository. The acceptance or rejection of this designation must be filed within 15 days after the financial institution receives notice. If the designation is accepted, the financial institution must also file a receipt confirming the assets have been placed in the restricted account.

Consulting with an experienced Columbia County probate attorney can help ensure the restricted depository is set up correctly and does not cause unnecessary delays.

Ancillary Probate for Non-Residents

Ancillary probate is a separate legal proceeding necessary when a decedent resided outside Florida but owned real estate or other significant assets in the state. This process is required to transfer or sell Florida real property.

After the decedent’s primary (domiciliary) probate is opened in their home state, the appointed personal representative can petition the Columbia County court to begin the ancillary probate.

Example:
Mark lived in New York but owned a winter home in Lake City. When he passed away, his Will was first filed with a New York probate court to establish domiciliary probate. To transfer or sell the Florida home, a separate ancillary probate must be initiated in Columbia County.

Generally, ancillary probate in Columbia County is required if a non-resident decedent:

• Owned Florida real estate
• Owned a Florida timeshare interest
• Had property or liabilities in Florida requiring a personal representative’s signature to transfer, collect, or discharge

Because ancillary probate can extend the overall timeline of administration, it is critical to work with a knowledgeable Florida ancillary probate attorney who can navigate the requirements efficiently.

If you need assistance with probate in Columbia County, Florida, contact the Florida Probate Law Firm for help through every step of the process at (561) 210-5500.