CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1981 Fla. App. LEXIS 18962
...Thus, the admission of the instant will to probate in New York does not preclude challenge to validity of the will for purposes of disposition of Florida real property. There is no provision in the ancillary administration statute which specifically indicates the procedure for such a contest. Section 734.102(4) provides "all proceedings for appointment and administration of the estate shall be as similar to those in original administrations as possible." In an original administration, a will contest must be resolved prior to admission of...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 15815, 35 Fla. L. Weekly Fed. D 2312
...rsonal and intangible property. Florida Ancillary Administration In support of the argument that the children, as majority heirs, have preference in appointing the personal representative according to Florida law, the children’s attorney relies on section 734.102, Florida Statutes (2008), entitled “Ancillary administration”: (1) If a nonresident of this state dies leaving assets in this state, ......
...e for- appointment of a personal representative as prescribed in this code shall apply. ... [[Image here]] (4) ... All proceedings for appointment and administration of the estate shall be as similar to those in original administrations as possible. § 734.102, Fla....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...2005 Revision: Committee notes revised. *1210 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....
...5.475 Ancillary administration, short form. Fed.R.Civ.P. 44(a) Proof of official record. Rule 5.475. Ancillary Administration, Short Form (a)Filing Requirements. AnThe foreign personal representative of a testate estate whichthat 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 domicil-iaryforeign proceedings as will show: (1) in-a-testate estate, the probated wil...
...that the ancillary personal representative appointed shall have not fewer-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....
...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. Statutory References §
733.2121, Fla. Stat. Notice to creditors; filing of claims. §
734.102, Fla. Stat. Ancillary administration. §
734.1025, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...*548 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. Statutory References F.S. 734.102 Ancillary administration. F.S. 734.1025 Nonresident decedent’s estate with property not exceeding $25,000 in this state; determination of claims....
...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. *549 Rule History 1988 Revision: New rule. Statutory References F.S. 734.102 Ancillary administration. F.S. 734.1025 Nonresident decedent’s estate with property not exceeding $25,000 in this state; determination of claims....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...on: 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. Statutory References F.S. 734.102 Ancillary administration. F.S. 734.1025 Nonresident decedent’s estate with property not exceeding $25,000 in this state; determination of claims....
...FPR 5.065(b) Notice of civil action or ancillary administration. FPR 5.205(a)(2) Filing evidence of death. FPR 5.475 Ancillary administration, short form. Proposed Rule RULE 5.475 ANCILLARY ADMINISTRATION, SHORT FORM (a)Filing requirements. An estate which meets the requirements of Section 734.1025 of the 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 domiciliary proceedings as will show: (1) In a testate estate, the probated will a...
...It is not intended to change the effect of the statute from which it was derived but has been reformatted to con *1325 form 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. Statutory References F.S. 734.102 Ancillary administration. F.S. 734.1025 Nonresident decedent’s estate with property not exceeding $25,000 in this state; determination of claims....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...rder admitting the will to probate. Committee notes revised. Citation form changes in committee notes. Statutory References § 731.111, FIa.Stat. Notice to creditors. §
733.212, Fla.Stat. Notice of administration; filing of objections and claims. FR§
734.102, Fla.Stat. Ancillary administration. RS*$
734.1025, Fla.Stat....
...5.205(a)(2) Filing evidence of death. Fla.Prob.R. 5.240 Notice of administration. FPRFla.Prob.R. 5.475 Ancillary administration, short form. RULE 5.475. ANCILLARY ADMINISTRATION, SHORT FORM (a) Filing Requirements. An estate which meets the requirements of Resection 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 domiciliary proceedings as will show: (1) lin a testate estate, the probated will and a...
...that the ancillary personal representative appointed shall have not fewer than 30 days from the date of his appointment within which to object to any claim filed. Committee Notes This rule represents a rule implementation of the procedure found in RRsection 734.1025, Florida Statutes....
...1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References § 731.111, Fla.Stat. Notice to creditors. §
733.212, Fla.Stat. Notice of administration; filing of objections and claims. R§4
734.102, Fla.Stat. Ancillary administration.
734.1025, Fla.Stat....
...Notice of ad-objections and
733.702, Fla.Stat. presentation of claims. Limitations on RS4
733.703, Fla.Stat. ner of presenting claim. Form and man- ⅜&⅞
733.704, Fla.Stat. claims. Amendment of
733.708, Fla.Stat. Compromise. §
733.710, Fla.Stat. Limitations on claims against estates. §
734.102, Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal
...y sought to invoke
ancillary jurisdiction. Ancillary administration is strictly circumscribed by
statute and rule, and here, appellant failed to comply with either the
procedural or substantive requirements. See §
733.101(b), Fla. Stat. (2021);
§
734.102, Fla....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...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. Statutory References F.S. 734.102 Ancillary administration. F.S. 734.1025(5) Nonresident decedent’s estate with property not exceeding $25,000 in this state; determination of claims....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...Committee Notes Rule History 2002 Revision: New rule, derived from former rule 5.210(a)(4). 2003 Revision: Committee notes revised. *1096 Statutory References will. '© ;*d o O' p m 1C o oq CO CO §
733.206, Fla. Stat. Probate of will of resident after foreign probate. §
734.102, Fla. Stat. Ancillary administration. §
734.1025, Fla....
...2003 Revision: Committee notes revised. Statutory References § 731.111, Fla. Stat. Notice to creditors. §
733.212, Fla. Stat. Notice of administration; filing of objections- and claims. §
733.2121, Fla. Stat. Notice to creditors; filing of claims. §
734.102, Fla. Stat. Ancillary administration. §
734.1025, Fla....
...R. 5.240 Notice of administration. Fla. Prob. R. 5.241 Notice to creditors. Fla. Prob. R. 5.475 Ancillary administration, short form. RULE 5.475. ANCILLARY ADMINISTRATION, SHORT FORM (a) Filing Requirements. An estate which 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 domiciliary proceedings as will show: (1) in a testate estate, the probated will and al...
...xcept that the ancillary personal representative appointed shall have not fewer 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....
...2003 Revision: Committee notes revised. Statutory References § 731.111, Fla. Stat. Notice to creditors. §
733.212, Fla. Stat. Notice of administration; — filing of objections -and claims. §
733.2121, Fla. Stat. Notice to creditors; filing of claims. §
734.102, Fla. Stat. Ancillary administration. §
734.1025, Fla....
...§
733.702, Fla. Stat. Limitations on presentation of claims. §
733.703, Fla. Stat. Form and manner of presenting claim. §
733.704, Fla. Stat. Amendment of claims. §
733.708, Fla. Stat. Compromise. §
733.710, Fla. Stat. Limitations on claims against estates. §
734.102, Fla....
CopyPublished | Supreme Court of Florida
...Committee notes revised.
Statutory References
§
732.523, Fla. Stat. Self-proof of electronic will.
§
732.526, Fla. Stat. Probate.
§
733.205, Fla. Stat. Probate of notarial will.
§
733.206, Fla. Stat. Probate of will of resident after foreign probate.
§
734.102, Fla. Stat. Ancillary administration.
§
734.1025, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 385486, 2012 Fla. App. LEXIS 1768
...However, the status of Lehman's position as executor of the domiciliary estate does not negate the fact that he improperly used funds of the ancillary estate to fund his litigation in Panama over the domiciliary estate and to clear his name from personal attacks. These are not proper expenditures of the ancillary estate. Section 734.102, Florida Statutes, governs ancillary administration. Under subsection (6) of 734.102, the Florida Statutes provide that payments of expenses and claims against the estate must be paid before property is transferred or distributed to beneficiaries of the estate. § 734.102(6), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 4081055, 2013 Fla. App. LEXIS 12655
...the New York domiciliary estate. See Fla. Prob. R. 5.150(b) (2011) (“On the petition of an interested person ... the court may require the personal representative ... to file an accounting or return not otherwise required by statute or rule.”); § 734.102(6), Fla....
...After a hearing, the circuit court granted the personal representative’s motion to dismiss the nursing home’s petition. The court reasoned: [The nursing home’s] claim is untimely pursuant to Florida Statute 738.710, and further, Florida Statute
734.102(7) states “No property shall be sold, leased, or mortgaged to pay a debt or claim that is barred by any statute of limitation or of nonelaim of this state.” As such, [the nursing home] is not an interested person pursuant to
731.201(23)....
...4th DCA 2011) (an appellate court reviews an order of dismissal in a probate matter based on a lack of standing de novo). We affirm the circuit court’s first finding to the extent the court found that the nursing home’s claim against the Broward County ancillary estate was untimely. See § 734.102(5), Fla....
...e reverse the court’s second finding that the nursing home is not an interested person. The distribution of the ancillary estate’s assets may adversely affect the domiciliary estate’s ability to satisfy the nursing home’s New York claim. See § 734.102(6), Fla....
