Florida Statute 734.102 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 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.

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Amendments to 734.102

Annotations, Discussions, Cases:

Cases Citing Statute 734.102

Total Results: 12

In Re Estate of Roberg

396 So. 2d 235, 1981 Fla. App. LEXIS 18962

District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 2526977

Cited 3 times | Published

indicates the procedure for such a contest. Section 734.102(4) provides "all proceedings for appointment

Piloto v. Lauria

45 So. 3d 565, 2010 Fla. App. LEXIS 15815, 35 Fla. L. Weekly Fed. D 2312

District Court of Appeal of Florida | Filed: Oct 20, 2010 | Docket: 60296054

Cited 2 times | Published

Florida law, the children’s attorney relies on section 734.102, Florida Statutes (2008), entitled “Ancillary

JOELLE VERBOIS ADENIN v. IN RE: ESTATE OF JEAN CLAUDE M. ADENIN

District Court of Appeal of Florida | Filed: Sep 14, 2022 | Docket: 65346504

Published

requirements. See § 733.101(b), Fla. Stat. (2021); § 734.102, Fla. Stat. (2021); Fla. Prob. R. 5.470. Accordingly

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761640

Published

will of resident after foreign probate. § 734.102, Fla. Stat. Ancillary administration. §

Staum v. Rubano

120 So. 3d 109, 2013 WL 4081055, 2013 Fla. App. LEXIS 12655

District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60233877

Published

not otherwise required by statute or rule.”); § 734.102(6), Fla. Stat. (2011) (“After the payment of all

Lehman v. Lucom

78 So. 3d 592, 2012 WL 385486, 2012 Fla. App. LEXIS 1768

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 2356736

Published

proper expenditures of the ancillary estate. Section 734.102, Florida Statutes, governs ancillary administration

In re Amendments to the Florida Probate Rules

912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Supreme Court of Florida | Filed: Sep 29, 2005 | Docket: 64840686

Published

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

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

Probate of will of resident after foreign probate. § 734.102, Fla. Stat. Ancillary administration. § 734.1025

In re Amendments to the Florida Probate Rules

607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 64671175

Published

Stat. Limitations on claims against estates. § 734.102, Fla.Stat. Ancillary administration. Rule References

Florida Bar

537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022

Published

Committee notes revised. Statutory References F.S. 734.102 Ancillary administration. F.S. 734.1025 Nonresident

Florida Bar

531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451

Published

Committee notes revised. Statutory References F.S. 734.102 Ancillary administration. F.S. 734.1025 Nonresident

Florida Bar re Amendment to Rules

458 So. 2d 1079, 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64608151

Published

Committee notes revised. Statutory References F.S. 734.102 Ancillary administration. F.S. 734.1025(5) Nonresident