The 2023 Florida Statutes (including Special Session C)

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.

F.S. 734.102 on Google Scholar

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 from cite.case.law:

UNITED STATES v. STORY COUNTY, IOWA,, 28 F. Supp. 3d 861 (S.D. Iowa 2014)

. . . . § 734.102(b))).- Furthermore, nothing in the Hatch Act’s statutory scheme suggests that the duties . . .

STAUM, LLC, v. RUBANO a k a, 120 So. 3d 109 (Fla. Dist. Ct. App. 2013)

. . . .”); § 734.102(6), Fla. . . . nursing home’s] claim is untimely pursuant to Florida Statute 738.710, and further, Florida Statute 734.102 . . . See § 734.102(5), Fla. . . . See § 734.102(6), Fla. . . .

S. LEHMAN S. P. A. v. LUCOM,, 78 So. 3d 592 (Fla. Dist. Ct. App. 2011)

. . . 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 . . . estate must be paid before property is transferred or distributed to beneficiaries of the estate. § 734.102 . . .

PILOTO, v. LAURIA,, 45 So. 3d 565 (Fla. Dist. Ct. App. 2010)

. . . appointing the personal representative according to Florida law, the children’s attorney relies on section 734.102 . . . administration of the estate shall be as similar to those in original administrations as possible. § 734.102 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

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

BURRUS, AFL- CIO, AFL- CIO, v. VEGLIANTE, U. S. U. S. U. S., 336 F.3d 82 (2d Cir. 2003)

. . . . § 734.102(a). . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 734.102, Fla. Stat. Ancillary administration. § 734.1025, Fla. Stat. . . . Notice to creditors; filing of claims. § 734.102, Fla. Stat. . . . Notice to creditors; filing of claims. § 734.102, Fla. Stat. . . . Limitations on claims against estates. § 734.102, Fla. Stat. Ancillary administration. . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 683 So. 2d 78 (Fla. 1996)

. . . . § 734.102, Fla.Stat. Ancillary administration. § 734.1025, Fla.Stat. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . FR§ 734.102, Fla.Stat. Ancillary administration. RS*$ 734.1025, Fla.Stat. . . . R§4 734.102, Fla.Stat. Ancillary administration. 734.1025, Fla.Stat. . . . Limitations on claims against estates. § 734.102, Fla.Stat. Ancillary administration. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . Statutory References F.S. 734.102 Ancillary administration. . . . Statutory References F.S. 734.102 Ancillary administration. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . Statutory References F.S. 734.102 Ancillary administration. . . . Statutory References F.S. 734.102 Ancillary administration. . . .

THE FLORIDA BAR RE AMENDMENT TO RULES- PROBATE AND GUARDIANSHIP, 458 So. 2d 1079 (Fla. 1984)

. . . Statutory References F.S. 734.102 Ancillary administration. . . .

In ESTATE O. ROBERG,, 396 So. 2d 235 (Fla. Dist. Ct. App. 1981)

. . . Section 734.102(4) provides “all proceedings for appointment and administration of the estate shall be . . .

THE FLORIDA BAR. In SUPPLEMENTAL PETITION FOR CHANGES IN FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 344 So. 2d 828 (Fla. 1977)

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

In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 324 So. 2d 38 (Fla. 1975)

. . . STATUTORY REFERENCE: FPC 734.102(2) (3) (4) & (5). . . .