Probate Assets

Determining whether probate is necessary starts by identifying the decedent’s assets. Probate assets typically include:

• Real estate titled solely in the decedent’s name
• Bank accounts without joint owners or designated beneficiaries
• Personal property such as vehicles, jewelry, or collections
• Stocks, bonds, or investment accounts without transfer-on-death designations

Assets with joint ownership, beneficiary designations, or Payable-On-Death (POD) designations usually pass directly to the named beneficiaries and do not require probate.

Real Estate & Property Records

To determine real estate ownership, consult the Hernando County Property Appraiser:

Hernando County Property Appraiser
201 Howell Ave.
Brooksville, FL 34601
https://www.hernandopa-fl.us/

If the property is titled solely in the decedent’s name, probate is required to transfer ownership or sell the property. It’s advisable to wait until the estate is officially opened and a personal representative is appointed before entering into any real estate transactions.

Forwarding Mail to Identify Other Assets

Mail can reveal information about accounts, insurance policies, or unknown creditors. Family members or the appointed personal representative should forward the decedent’s mail using USPS mail forwarding services to ensure important correspondence isn’t missed.

Restricted Depositories in Hernando County

In some probate cases involving the sale of real property or minor beneficiaries, the court may require sale proceeds to be deposited into a restricted depository account. This ensures funds are safeguarded until the court authorizes their distribution. An experienced Hernando County probate attorney can assist in establishing restricted depository accounts and preparing the required court petitions.

Ancillary Probate for Non-Residents

If a non-resident decedent owned real estate or assets located in Hernando County, ancillary probate may be required. Ancillary probate is a secondary proceeding initiated in Florida when the decedent’s primary (domiciliary) probate is opened in another state.

For example, if a New York resident owned a vacation home in Spring Hill, Florida, the domiciliary probate would be handled in New York, and ancillary probate would be filed in Hernando County to transfer or sell the Florida property.

Ancillary probate may be necessary if the non-resident decedent:

• Owned Florida real estate or timeshare property
• Held Florida-based financial accounts or tangible personal property
• Had insurance policies or annuities requiring Florida probate authority

Because ancillary probate adds another layer to an already complex process, working with an experienced Florida ancillary probate attorney is crucial to ensure the matter is handled efficiently and cost-effectively.