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Fla. Stat. § 734.102 (2025)

Ancillary administration.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1981–2026 · leading case: Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).
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Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 8× “§ 734.102, Fla. Stat. Ancillary administration.”
Lehman v. Lucom, 78 So. 3d 592 (Fla. 4th DCA 2012). · cites it 8× “Section 734.102, Florida Statutes, governs ancillary administration.”
Piloto v. Lauria, 45 So. 3d 565 (Fla. 4th DCA 2010). · cites it 4× “§ 734.102, Fla. Stat. (2008) (emphasis added).”
Florida Bar, 537 So. 2d 500 (Fla. 1988). · cites it 2× “Statutory References F.S. 734.102 Ancillary administration. F.”
Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). “Statutory References F.S. 734.102 Ancillary administration. F.”
In Re Est. of Roberg, 396 So. 2d 235 (Fla. 2d DCA 1981). “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 re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). · cites it 4× “FR§ 734.102, Fla.Stat. Ancillary administration.”
Staum v. Rubano, 120 So. 3d 109 (Fla. 4th DCA 2013). · cites it 6× “See § 734.102(5), Fla. Stat. (2011) (imposing notice and publication requirements on ancillary personal representative “[u]nless creditors’ claims are otherwise barred by s.”
In re Amendments to the Florida Prob. Rules, 912 So. 2d 1178 (Fla. 2005). · cites it 4× “§ 734.102, Fla. Stat. Ancillary administration.”
In Re: Amendments to the Florida Prob. Rules - 2019 Fast-Track Report (Fla. 2020). · cites it 2× “§ 734.102, Fla. Stat. Ancillary administration.”
Joelle Verbois Adenin v. In Re: Est. of Jean Claude M. Adenin (Fla. 3d DCA 2022). · cites it 2× “(2021); § 734.102, Fla. Stat. (2021); Fla. Prob. R.”
Erisvanha Ramos De Souza v. in Re: Est. of Jose Ferreira De Oliveira (Fla. 3d DCA 2026). · cites it 2× “Subject Matter Jurisdiction Appellants argue the trial court’s failure to hold an evidentiary hearing on subject matter jurisdiction to open an ancillary administration under section 734.102(1), Florida Statutes (2025), prior to ordering the ancillary administration and…”
Show all 14 citing cases →
— 734.102(1) — 1 case
Erisvanha Ramos De Souza v. in Re: Est. of Jose Ferreira De Oliveira (Fla. 3d DCA 2026). “Subject Matter Jurisdiction Appellants argue the trial court’s failure to hold an evidentiary hearing on subject matter jurisdiction to open an ancillary administration under section 734.102(1), Florida Statutes (2025), prior to ordering the ancillary administration and…”
— 734.102(4) — 1 case
In Re Est. of Roberg, 396 So. 2d 235 (Fla. 2d DCA 1981). “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.”
— 734.102(5) — 1 case
Staum v. Rubano, 120 So. 3d 109 (Fla. 4th DCA 2013). “See § 734.102(5), Fla. Stat. (2011) (imposing notice and publication requirements on ancillary personal representative “[u]nless creditors’ claims are otherwise barred by s.”
— 734.102(6) — 2 cases
Lehman v. Lucom, 78 So. 3d 592 (Fla. 4th DCA 2012). “Section 734.102, Florida Statutes, governs ancillary administration.”
Staum v. Rubano, 120 So. 3d 109 (Fla. 4th DCA 2013). “See § 734.102(5), Fla. Stat. (2011) (imposing notice and publication requirements on ancillary personal representative “[u]nless creditors’ claims are otherwise barred by s.”
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