FL · rules
Fla. Prob. R. 5.470
Ancillary Administration
(a) Petition. The contents of the petition for ancillary letters
shall be as provided in rule 5.200. The petition shall be verified and
shall include:
(1) for a testate estate, an authenticated copy of so
much of the domiciliary proceedings as will show the will, petition
for probate, order admitting the will to probate, and authority of the
personal representative;
(2) for an intestate estate, an authenticated copy of so
much of the domiciliary proceedings as will show the petition for
administration, and authority of the personal representative to act;
or
(3) if appointment of someone other than the
domiciliary personal representative is requested, a statement of the
facts constituting grounds on which appointment is sought.
(b) Notice. Before ancillary letters shall be issued to any
person, formal notice shall be given to:
(1) all known persons qualified to act as ancillary
personal representative and whose entitlement to preference of
appointment is equal to or greater than petitioner’s and who have
not waived notice or joined in the petition; and
(2) all domiciliary personal representatives who have
not waived notice or joined in the petition.
(c) Probate of Will. On filing the authenticated copy of a
will, the court shall determine whether the will complies with
Florida law to entitle it to probate. If it does comply, the court shall
admit the will to probate.
History
Committee Notes Rule History 1975 Revision: The rule sets out the procedural requirements for issuance of ancillary letters. 1984 Revision: Editorial changes with addition of notice requirement in (b). Committee notes revised. 1988 Revision: Committee notes revised. 1992 Revision: Changed rule to require that notice be given to persons qualified to act as ancillary personal representative whose entitlement to preference of appointment is equal to or greater than petitioner’s and to all domiciliary personal representatives prior to entry of an order admitting the will to probate. Committee notes revised. Citation form changes in committee notes. 1996 Revision: The requirement that a filing of an authenticated copy of a will be a “probated” will is removed from subdivision (c). There may be circumstances in which a will is on deposit or file in a foreign jurisdiction but is not being offered for probate. That should not preclude an ancillary administration in Florida of that estate. This change is not intended to allow an authenticated copy of any document other than an original instrument to be filed under this rule and considered for probate. 2003 Revision: Committee notes revised. 2005 Revision: Committee notes revised. 2010 Revision: Committee notes revised. 2012 Revision: Committee notes revised. 2019 Revision: Subdivision (a) amended to clarify the contents of a petition for ancillary letters. Committee notes revised. Statutory References § 731.201(1), Fla. Stat. General definitions. § 733.212, Fla. Stat. Notice of administration; filing of objections. § 733.2121, Fla. Stat. Notice to creditors; filing of claims. § 734.102, Fla. Stat. Ancillary administration. § 734.1025, Fla. Stat. Nonresident decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims. Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.065(b) Notice of civil action or ancillary administration. Fla. Prob. R. 5.200 Petition for Administration. Fla. Prob. R. 5.205(a)(2) Filing evidence of death. Fla. Prob. R. 5.215 Authenticated copy of will. Fla. Prob. R. 5.240 Notice of administration. Fla. Prob. R. 5.241 Notice to creditors. Fla. Prob. R. 5.475 Ancillary administration, short form. Fed. R. Civ. P. 44(a) Proving an official record. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
fd8069b2812c07df66e8910fd6e39447158a188a769ca261e19e1ff9b2cc0a41
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