RULE 5.475. ANCILLARY ADMINISTRATION, SHORT FORM

(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.

(c) Claims Procedure. The procedure for filing or barring
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.

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.