FL · rules

Fla. Prob. R. 5.475

Ancillary Administration, Short Form

activein force · 2026-07-16 – presentact-effective-date

(a) Filing Requirements. The foreign personal

representative of a testate estate that meets the requirements of

section 734.1025, Florida Statutes, may file with the clerk in the

county where any property is located an authenticated copy of so

much of the transcript of the foreign proceedings as will show:

(1) the probated will and all probated codicils of the

decedent;

(2) the order admitting them to probate;

(3) the letters or their equivalent; and

(4) the part of the record showing the names of the

beneficiaries of the estate or an affidavit of the foreign personal

representative reciting that the names are not shown or not fully

disclosed by the foreign record and specifying the names.

On presentation of the foregoing, the court shall admit the will

and any codicils to probate if they comply with section 732.502(1)

or section 732.502(2), Florida Statutes.

(b) Notice to Creditors. After complying with the foregoing

requirements, the foreign personal representative may cause a

notice to creditors to be published as required by these rules.

claims and objecting to them and for suing on them shall be the

same as for other estates, except as provided in this rule.

(d) Order. If no claims are filed against the estate within the

time allowed, the court shall enter an order adjudging that notice to

creditors has been duly published and proof thereof filed and that

no claims have been filed against the estate or that all claims have

been satisfied.

(e) Notification of Claims Filed. If any claim is filed against

the estate within the time allowed, the clerk shall send to the

foreign personal representative a copy of the claim and a notice

setting a date for a hearing to appoint an ancillary personal

representative. At the hearing, the court shall appoint an ancillary

personal representative according to the preferences as provided by

law.

(f) Objections to Claims. If an ancillary personal

representative is appointed pursuant to this rule, the procedure for

filing, objecting to, and suing on claims shall be the same as for

other estates, except that the ancillary personal representative

appointed shall have not less than 30 days from the date of

appointment within which to object to any claim filed.

History

Committee Notes This rule represents a rule implementation of the procedure found in section 734.1025, Florida Statutes. It is not intended to change the effect of the statute from which it was derived but has been reformatted to conform with the structure of these rules. It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2005 Revision: Deletion of reference to intestate estates in subdivision (a) to conform to 2001 amendments to section 734.1025, Florida Statutes. Editorial changes throughout. 2012 Revision: Committee notes revised. Statutory References § 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. 5.205(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. 5.470 Ancillary administration. 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: 4439d1c7f89bd7ab3a72f3e96fed048c50e8b2189650905f35cf41959283ea70

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