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Many people may think estate planning is only needed when you have substantial assets or a lot of money in the bank. However, estate planning is more than just leaving heirlooms and cash; it ensures that your surviving spouse or children are cared for or that your minor dependents have a guardian. Estate planning and ancillary estate administration can also help you later in life if you become unable to advocate for your health care wishes or needs.

But in some cases, estate administration can become complex. If you have property in another state from where you reside and you pass away, it can quickly complicate matters for your heirs.

At Patriot Legal Group, we help Orlando families with estate planning, probate, and asset allocation, including ancillary estate administration. We offer professional service with personalized legal solutions for your needs.

Couple reviewing Ancillary Estate Administration Paperwork with their Attorney
Basics of Ancillary Estate Administration

The Basics of Ancillary Estate Administration and Heirship in Orlando, Florida

After a person’s death, all their possessions, including money in the bank, personal property, and real estate, become their estate. Even if the individual died without a will,  which is called dying intestate, the estate still requires management.

Estate administration is the process of determining the extent of the deceased’s estate, paying outstanding debts, claims, and taxes assessed on the estate and then distributing the rest to the beneficiaries and heirs.

A will names an executor, someone who manages the estate administration process. Florida calls this person the “personal representative” of the deceased and they are tasked with ensuring that the terms of the will are carried out.

In Florida, the executor (also called the personal representative) must be represented by a lawyer. This person has a fiduciary duty to the estate’s beneficiaries and creditors and a legal obligation to carry out the required tasks.

If there is not someone who comes forward to handle the estate, the estate still needs to be processed; therefore, a curator will need to undertake this process. Usually, a curator  is a professional with strong knowledge of Florida probate laws.