The Florida Senate

734.101  Foreign personal representative.

734.102  Ancillary administration.

734.1025  Nonresident decedent's estate with property not exceeding $25,000 in this state; determination of claims.

734.104  Foreign wills; admission to record; effect on title.

734.101  Foreign personal representative.--

(1)  Personal representatives who produce authenticated copies of probated wills or letters of administration duly obtained in any state or territory of the United States may maintain actions in the courts of this state.

(2)  Personal representatives appointed in any state or country may be sued in this state concerning property in this state and may defend actions or proceedings brought in this state.

(3)  Debtors who have not received a written demand for payment from a personal representative or curator appointed in this state within 60 days after appointment of a personal representative in any other state or country, and whose property in Florida is subject to a mortgage or other lien securing the debt held by the foreign personal representative, may pay the foreign personal representative after the expiration of 60 days from the date of his or her appointment. Thereafter, a satisfaction of the mortgage or lien executed by the foreign personal representative, with an authenticated copy of his or her letters or other evidence of authority attached, may be recorded in the public records. The satisfaction shall be an effective discharge of the mortgage or lien, irrespective of whether the debtor making payment had received a written demand before paying the debt.

(4)  All persons indebted to the estate of a decedent, or having possession of personal property belonging to the estate, who have received no written demand from a personal representative or curator appointed in this state for payment of the debt or the delivery of the property are authorized to pay the debt or to deliver the personal property to the foreign personal representative after the expiration of 60 days from the date of his or her appointment.

History.--s. 1, ch. 74-106; s. 98, ch. 75-220; s. 1028, ch. 97-102.

Note.--Created from former s. 734.30.

734.102  Ancillary administration.--

(1)  If a nonresident of this state dies leaving assets in this state, credits due him or her 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 to him or her, if qualified to act in Florida. Otherwise, the foreign personal representative of the decedent's estate shall be entitled to have letters issued to him or her, 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 to him or her. 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 domiciliary 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)  To entitle the applicant to ancillary letters, an authenticated copy of so much of the domiciliary proceedings shall be filed as will show either:

(a)  The will, petition for probate, order admitting the will to probate, and letters, if there are such; or

(b)  The petition for letters and the letters.

(3)  On filing the authenticated copy of a probated will, including any probated codicils, the court shall determine if the will and the codicils, if any, comply with s. 732.502(1) or s. 732.502(2). If they comply, the court shall admit the will and any codicils to record.

(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)  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 domiciliary personal representative or distributed to the heirs or devisees.

(6)  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.

Note.--Created from former s. 734.31.

734.1025  Nonresident decedent's estate with property not exceeding $25,000 in this state; determination of claims.--

(1)  When a nonresident decedent leaves property in this state the value of which does not exceed $25,000, the domiciliary personal representative of the estate may determine the question of claims in this state before the expiration of the 2-year period provided in s. 733.710 by filing in the circuit court of the county where any property is located an authenticated transcript of so much of the domiciliary proceedings as will show:

(a)  In a testate estate, the probated will and all probated codicils of the decedent; the order admitting them to record; the letters or their equivalent; and the part of the record showing the names of the devisees and heirs of the decedent or an affidavit of the domiciliary personal representative reciting that the names are not shown or not fully disclosed by the domiciliary 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 s. 732.502(1) or (2).

(b)  In an intestate estate, the authenticated copy of letters of administration, or their equivalent, with the part of the record showing the names of the heirs of the decedent or an affidavit of the domiciliary personal representative supplying the names, as provided in paragraph (a). On presentation of the foregoing, the court shall order them recorded.

(2)  After complying with the foregoing requirements, the domiciliary personal representative shall cause a notice to be served and published according to the requirements of s. 731.111, notifying all persons having claims or demands against the estate to file them.

(3)  The procedure for filing claims and objection to them and for suing on them shall be the same as for other estates, except as hereinafter provided.

(4)  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 given and proof thereof filed and that no claims have been filed against the estate or that all claims have been satisfied.

(5)  If any claim is filed against the estate within the time allowed, the court shall send to the domiciliary 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 in s. 733.301.

(6)  If an ancillary personal representative is appointed pursuant to subsection (5), 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 fewer than 30 days from the date of his or her appointment within which to object to any claim filed.

(7)  The filing by domiciliary personal representatives of portions of the domiciliary probate proceedings as specified in this section, and the barring of claims of creditors in such estates by the publication of notice to creditors as set forth in this section, in all cases prior to June 25, 1980, are hereby validated and confirmed.

History.--s. 1, ch. 80-203; s. 10, ch. 89-340; s. 1030, ch. 97-102; s. 79, ch. 99-3.

734.104  Foreign wills; admission to record; effect on title.--

(1)  An authenticated copy of the will of a nonresident that devises real property in this state, or any right, title, or interest in the property, may be admitted to record in any county of this state where the property is located at any time after 2 years from the death of the decedent or at any time after the domiciliary personal representative has been discharged if there has been no proceeding to administer the estate of the decedent in this state, provided:

(a)  The will complies with s. 732.502 as to form and manner of execution; and

(b)  The will has been admitted to probate in the proper court of any other state, territory, or country.

(2)  A petition to admit a foreign will to record may be filed by any person and shall be accompanied by authenticated copies of the foreign will, the petition for probate, and the order admitting the will to probate. If no petition is required as a prerequisite to the probate of a will in the jurisdiction where the will of the nonresident was probated, upon proof by affidavit or certificate that no petition is required, an authenticated copy of the will may be admitted to record without an authenticated copy of a petition for probate, and the order admitting the will to record in this state shall recite that no petition was required in the jurisdiction of original probate.

(3)  If the court finds that this section has been complied with, it shall enter an order admitting the foreign will to record.

(4)  When admitted to record, the foreign will shall be as valid and effectual to pass title to real property and any right, title, or interest therein as if the will had been admitted to probate in this state.

History.--s. 3, ch. 74-106; s. 98, ch. 75-220; s. 45, ch. 77-87; s. 229, ch. 77-104; s. 15, ch. 79-221; s. 274, ch. 79-400; s. 11, ch. 89-340.

Note.--Created from former s. 736.06.

734.201  Jurisdiction by act of foreign personal representative.

734.202  Jurisdiction by act of decedent.

734.201  Jurisdiction by act of foreign personal representative.--A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding concerning the estate by:

(1)  Filing authenticated copies of the domiciliary proceedings under ¹s. 734.103.

(2)  Receiving payment of money or taking delivery of personal property, under s. 734.101.

(3)  Doing any act as a personal representative in this state that would have given the state jurisdiction over him or her as an individual.

History.--s. 1, ch. 74-106; s. 99, ch. 75-220; s. 1031, ch. 97-102.

¹Note.--Repealed by s. 16, ch. 79-221.

734.202  Jurisdiction by act of decedent.--In addition to jurisdiction conferred by s. 734.201, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that his or her decedent was subject to jurisdiction immediately before death.

History.--s. 1, ch. 74-106; s. 1032, ch. 97-102.