Probate Assets

The most relevant factor in determining whether probate is necessary is whether there are any probate assets, as opposed to non-probate assets. Probate assets are titled solely in the decedent’s name and do not have a beneficiary designation or payable-on-death (POD) feature. These assets are frozen upon death and can only be transferred through the probate process. Examples of non-probate assets include jointly held property with rights of survivorship, IRAs, life insurance proceeds payable to a named beneficiary, and assets held in trust.

Step 1: Identifying Real Estate Ownership
The first step is to confirm how the decedent’s real estate is titled by visiting the Jackson County Property Appraiser. If the property appraiser’s report and the most recent deed show the real estate (real property) was titled in the decedent’s sole name, probate will be required before selling or transferring the property. Often, the primary objective is to sell the property during the probate process so the proceeds can be distributed among beneficiaries. It is strongly recommended to wait until the estate is formally opened and a personal representative is appointed before executing any sales contract.

Step 2: Checking Mail and Accounts
The next step is to check the decedent’s mail, as banks, investment firms, and insurance companies often send account statements or other notifications. The personal representative or immediate family should forward mail to a convenient location by submitting a change of address request with the United States Postal Service. This can be completed online at USPS.com or in person at any post office branch.

Restricted Depositories

In the 14th Judicial Circuit (Jackson County), the court may require the establishment of a restricted depository for the sale of real property or other assets held in an estate or guardianship. The acceptance or rejection of the designation must be filed with the court within 15 days after the financial institution becomes aware of the designation. If accepted, the institution must also file a receipt of assets.

Consult an experienced Jackson County probate attorney for guidance on setting up a restricted depository and expediting estate administration.

Ancillary Probate for Non-Residents

Ancillary probate is a secondary proceeding required in any state where the decedent owned property other than their primary state of residence. This process is necessary to transfer or sell real estate located in Florida when the decedent lived elsewhere.

After someone passes away, the domiciliary estate must first be established in the decedent’s home state. Once a personal representative is appointed in that proceeding, a petition can be filed to open the ancillary probate in Jackson County, Florida.
Example:Susan resided in Georgia but owned a hunting cabin in Marianna. When Susan passed away, her Last Will & Testament must first be filed with the Georgia probate court to start domiciliary probate. A second ancillary probate is then initiated in Jackson County to transfer the cabin to her beneficiaries or to sell the property and pass clear title to a new owner.

Ancillary probate is typically required in Florida when a non-resident owned:

• Florida real estate
• A Florida timeshare interest
• Florida property requiring an appointed personal representative to sign for transfer, collection, or discharge

Ancillary probate can prolong an already complex process, making it essential to work with an experienced Florida ancillary probate attorney who understands how to navigate the requirements efficiently.

A skilled ancillary probate lawyer in Jackson County can help guide you through every step and potentially serve as personal representative to avoid delays and finalize administration smoothly.

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