Can we avoid the time and expense of another personal representative being named in Florida?
No. Under the Florida Probate Code, there has to be a personal representative named to represent the formal ancillary estate here in Florida. This person will legally transfer the property under Florida law.
Can the same person who is the executor of the out of state probate estate be named as the executor in the Florida ancillary administration?
Maybe. If the Last Will and Testament named someone to act in this role for the Florida property, then the Florida court should honor that appointment as long as the person is authorized to act under Florida Probate Law. However, if the Will didn’t do that, then the Florida process of having a personal representative approved by the Florida probate judge and have the formal letters issued to them will be required.
Do we have to travel to Florida in order to probate the ancillary estate?
Probably not. If there is nothing that is being challenged in the Florida ancillary administration, then the Florida probate lawyer can handle the matter for the out of state client without the need for anyone to travel to Florida and appear before the Florida probate judge in a hearing. Sometimes, ancillary administrations can be handled entirely by mail.
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