Florida Probate Process

When someone passes away leaving a valid Last Will & Testament, anyone in possession of the Will must file the original document with the correct circuit court, also known as the probate court. The original Last Will & Testament and any probate pleadings will be filed in the county of last residence for the decedent. For example, if the decedent passed away as a resident of Destin, then Okaloosa County would be the correct jurisdiction for a domiciliary probate proceeding. If there is no Last Will & Testament for the decedent, then any probate assets will be distributed according to the Florida intestacy statute, which provides a default distribution scheme for assets based on familial relationships.

In Okaloosa County, the probate process is handled by the First Judicial Circuit Court. There is one courthouse location in Okaloosa County:

Okaloosa County Courthouse – 101 E James Lee Blvd, Crestview, FL 32536

Probate Assets

 The most relevant factor in determining if a probate is necessary is assessing whether there are any probate assets, as opposed to non-probate assets. Probate assets are those titled solely in the decedent’s name and do not have a beneficiary designation or POD feature. All probate assets are frozen and can only be transferred through the probate process.

There are many types of non-probate assets, such as real estate jointly held with survivorship rights, IRAs, and life insurance proceeds payable to a beneficiary.

The first step in identifying probate assets is to confirm how the decedent’s real estate is titled by visiting the Okaloosa County Property Appraiser. If the property appraiser report and most recent deed confirm that the real estate is solely in the name of the decedent, then probate will be required to sell or transfer the property. Often, the goal is to sell the real estate during probate and divide the proceeds among the identified beneficiaries. It is advisable to wait until an estate is open and a personal representative is appointed before executing any sales contract.

The second step for identifying probate and non-probate assets is to check the decedent’s mail, as financial institutions and insurance companies periodically send correspondence regarding accounts. The personal representative or immediate family members should have the decedent’s mail forwarded by requesting a change of address through the United States Postal Service (USPS).

Restricted Depositories

When it comes to the sale of real property in estates and guardianships, all judges assigned to the First Judicial Circuit Court (Okaloosa County) require a description of all estate assets and their estimated value. A separate description of any protected homestead and exempt property must be filed. This type of proceeding is necessary when appointing a personal representative to act on behalf of the estate due to significant assets or special circumstances. The court determines the representative’s capacity at the time of appointment and issues letters of administration to facilitate estate administration.

Consult with an experienced Okaloosa County probate attorney for the best techniques for establishing a restricted depository and expediting estate administration.

Ancillary Probate for Non-Residents

Ancillary probate refers to a secondary probate proceeding that occurs in a state other than the domiciliary state. Ancillary probate is necessary to transfer or sell real estate located outside the decedent’s primary state of residence.

After someone passes away, the first step is to establish the domiciliary estate in the decedent’s state of residence. Once a personal representative or executor is appointed, the next step is to petition for ancillary probate in the county where the real estate is located.

Example:

John resides in Georgia but owns a vacation home in Destin. When John passes away, his Last Will & Testament must be submitted to the local probate court in Georgia to begin the domiciliary probate process. A second probate process must be initiated in Okaloosa County, Florida, to transfer the property in Destin to his beneficiaries or to clear the title for a new owner through the sales process.

Generally, ancillary probate administration is required in Florida when a non-resident dies and:

Ancillary probate in Okaloosa County, Florida, can complicate the already time-consuming and costly probate process, but it is necessary to pass Florida real estate to the rightful beneficiaries. Because ancillary probate can prolong the domiciliary probate proceeding, it’s crucial to work with a skilled Florida ancillary probate attorney.

An experienced ancillary probate lawyer in Okaloosa County can assist with every step of the process and potentially serve as a personal representative to prevent delays and finalize probate efficiently.