RULE 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.
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.