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Florida Probate Glossary

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1. Ancillary Administration

A type of probate proceeding typically administered when the decedent's domicile (home state) was not Florida, but the decedent owned property in Florida which needs to be "probated" and there is an open probate proceeding in the decedent's home state.

2. Decedent

The formal term for a person who has died.

3. Domicile

The place where a person has his or her permanent legal home. A person may have several residences, but only one domicile.

4. Domicilliary Administration

The probate administration that occurs in the decedent's "home" or "domicile" state. example: Bill owns property in New Jersey and Florida, but he calls New Jersey his home. Upon death, a domicilliary administration may be opened only in New Jersey, while an ancillary administration is appropriate in Florida.

aka "Domiciliary Probate"

5. Formal Administration

As the name would suggest, this is the "proper" and "full blown" type of probate proceeding.

It is usually necessary where the date of death is within two years, claims are anticipated, OR the value of decedent's property exceeds $75,000. However, those are NOT the only factors in determining whether formal administration is necessary.

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