Florida Statute 734.102 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 734
PROBATE CODE: FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION

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F.S. 734.102

734.102 Ancillary administration.—

(1) If a nonresident of this state dies leaving assets in this state, credits due from residents in this state, or liens on property in this state, a personal representative specifically designated in the decedent’s will to administer the Florida property shall be entitled to have ancillary letters issued, if qualified to act in Florida. Otherwise, the foreign personal representative of the decedent’s estate shall be entitled to have letters issued, if qualified to act in Florida. If the foreign personal representative is not qualified to act in Florida and the will names an alternate or successor who is qualified to act in Florida, the alternate or successor shall be entitled to have letters issued. Otherwise, those entitled to a majority interest of the Florida property may have letters issued to a personal representative selected by them who is qualified to act in Florida. If the decedent dies intestate and the foreign personal representative is not qualified to act in Florida, the order of preference for appointment of a personal representative as prescribed in this code shall apply. If ancillary letters are applied for by other than the domiciliary personal representative, prior notice shall be given to any domiciliary personal representative.

(2) Ancillary administration shall be commenced as provided by the Florida Probate Rules.

(3) If the will and any codicils are executed as required by the code, they shall be admitted to probate.

(4) The ancillary personal representative shall give bond as do personal representatives generally. All proceedings for appointment and administration of the estate shall be as similar to those in original administrations as possible.

(5) Unless creditors’ claims are otherwise barred by s. 733.710, the ancillary personal representative shall cause a notice to creditors to be served and published according to the requirements of chapter 733. Claims not filed in accordance with chapter 733 shall be barred as provided in s. 733.702.

(6) After the payment of all expenses of administration and claims against the estate, the court may order the remaining property held by the ancillary personal representative transferred to the foreign personal representative or distributed to the beneficiaries.

(7) Ancillary personal representatives shall have the same rights, powers, and authority as other personal representatives in Florida to manage and settle estates; to sell, lease, or mortgage local property; and to raise funds for the payment of debts, claims, and devises in the domiciliary jurisdiction. No property shall be sold, leased, or mortgaged to pay a debt or claim that is barred by any statute of limitation or of nonclaim of this state.

History.—s. 1, ch. 74-106; s. 98, ch. 75-220; s. 43, ch. 77-87; s. 1, ch. 77-174; s. 1029, ch. 97-102; s. 171, ch. 2001-226.

Note.—Created from former s. 734.31.

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F.S. 734.102 on Casetext

Amendments to 734.102

Arrestable Offenses / Crimes under Fla. Stat. 734.102

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 734.102.

Annotations, Discussions, Cases:

Cases Citing Statute 734.102

Total Results: 18

JOELLE VERBOIS ADENIN v. IN RE: ESTATE OF JEAN CLAUDE M. ADENIN

Court: District Court of Appeal of Florida | Date Filed: 2022-09-14

Snippet: requirements. See § 733.101(b), Fla. Stat. (2021); § 734.102, Fla. Stat. (2021); Fla. Prob. R. 5.470. Accordingly

KEITH CORSBIE v. DIANNE CORSBIE

Court: District Court of Appeal of Florida | Date Filed: 2022-02-09

Snippet: discretionary act of the probate courts”). See also §§ 734.102, 733.304, 733.301(1)(b), Fla. Stat. (2020).

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2020-01-16

Snippet: will of resident after foreign probate. § 734.102, Fla. Stat. Ancillary administration. §

Staum v. Rubano

Court: District Court of Appeal of Florida | Date Filed: 2013-08-14

Citation: 120 So. 3d 109, 2013 WL 4081055, 2013 Fla. App. LEXIS 12655

Snippet: not otherwise required by statute or rule.”); § 734.102(6), Fla. Stat. (2011) (“After the payment of all

Lehman v. Lucom

Court: District Court of Appeal of Florida | Date Filed: 2012-02-08

Citation: 78 So. 3d 592, 2012 WL 385486, 2012 Fla. App. LEXIS 1768

Snippet: Section 734.102, Florida Statutes, governs ancillary administration. Under subsection (6) of 734.102, the

Piloto v. Lauria

Court: District Court of Appeal of Florida | Date Filed: 2010-10-20

Citation: 45 So. 3d 565, 2010 Fla. App. LEXIS 15815

Snippet: law, the children’s attorney relies on section 734.102, Florida Statutes (2008), entitled “Ancillary administration”:

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2005-09-29

Citation: 912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Snippet: Stat. Notice to creditors; filing of claims. § 734.102, Fla. Stat. Ancillary administration. § 734.1025

Florida Dept. of Revenue v. NAVAL AVIATION

Court: District Court of Appeal of Florida | Date Filed: 2005-07-18

Citation: 907 So. 2d 586, 2005 Fla. App. LEXIS 11013, 2005 WL 1660703

Snippet: government pursuant to those contracts. 455 U.S. at 734, 102 S.Ct. at 1382. If the Supremacy Clause does not

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2003-06-19

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: Probate of will of resident after foreign probate. § 734.102, Fla. Stat. Ancillary administration. § 734.1025

Amendments to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 1996-10-03

Citation: 683 So. 2d 78, 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880

Snippet: administration; filing of objections and claims. 734.102, Fla.Stat. Ancillary administration. 734.1025

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 1992-09-24

Citation: 607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Snippet: administration; filing of objections and claims. FR§ 734.102, Fla.Stat. Ancillary administration. RS*$ 734.1025

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-09-29

Citation: 537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Snippet: Committee notes revised. Statutory References F.S. 734.102 Ancillary administration. F.S. 734.1025 Nonresident

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-09-29

Citation: 531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Snippet: Committee notes revised. Statutory References F.S. 734.102 Ancillary administration. F.S. 734.1025 Nonresident

Florida Bar re Amendment to Rules

Court: Supreme Court of Florida | Date Filed: 1984-09-13

Citation: 458 So. 2d 1079, 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

Snippet: Committee notes revised. Statutory References F.S. 734.102 Ancillary administration. F.S. 734.1025(5) Nonresident

Ago

Court: Florida Attorney General Reports | Date Filed: 1984-06-21

Snippet: Jur.2d Decedents' Property s 684. Pursuant to s 734.102(1), F.S., If a nonresident of this state dies

In Re Estate of Roberg

Court: District Court of Appeal of Florida | Date Filed: 1981-03-25

Citation: 396 So. 2d 235, 1981 Fla. App. LEXIS 18962

Snippet: indicates the procedure for such a contest. Section 734.102(4) provides "all proceedings for appointment and

In re Supplemental Petition for Changes in the Florida Rules of Probate & Guardianship Procedure

Court: Supreme Court of Florida | Date Filed: 1977-03-31

Citation: 344 So. 2d 828, 1977 Fla. LEXIS 3890

Snippet: ancillary in nature. Statutory References: FPC 734.102(2), (3), (4), & (5). Ancillary Administration.

In re Florida Rules of Probate & Guardianship Procedure

Court: Supreme Court of Florida | Date Filed: 1975-12-17

Citation: 324 So. 2d 38, 1975 Fla. LEXIS 4473

Snippet: ancillary in nature. STATUTORY REFERENCE: FPC 734.102(2) (3) (4) & (5). Ancillary Administration. ■ OLD