Florida Probate Rule 5.470

Ancillary Administration

Text of the rules effective October 1, 2026.

  1. (a)
    Petition. The contents of the petition for ancillary letters must be as provided in rule 5.200. The petition must be verified and must include:
    1. (1)
      for a testate estate, an authenticated copy of so much of the domiciliary proceedings as will show the will, petition for administration, order admitting the will to probate, and authority of the personal representative to act;
    2. (2)
      for an intestate estate, an authenticated copy of so much of the domiciliary proceedings as will show the petition for administration, and authority of the personal representative to act; or
    3. (3)
      if appointment of someone other than the domiciliary personal representative is requested, a statement of the facts constituting grounds on which appointment is sought.
  2. (b)
    Notice. Before ancillary letters will be issued to any person, formal notice must be given to:
    1. (1)
      all known persons qualified to act as ancillary personal representative and whose entitlement to preference of appointment is equal to or greater than petitioner’s and who have not waived notice or joined in the petition; and
    2. (2)
      all domiciliary personal representatives who have not waived notice or joined in the petition.
  3. (c)
    Probate of Will. On filing the authenticated copy of a will, the court must determine whether the will complies with Florida law to entitle it to probate. If it does comply, the court must admit the will to probate.

Notes

Rule History
1975
The rule sets out the procedural requirements for issuance of ancillary letters.
1984
Editorial changes with addition of notice requirement in (b). Committee notes revised.
1988
Committee notes revised.
1992
Changed rule to require that notice be given to persons qualified to act as ancillary personal representative whose entitlement to preference of appointment is equal to or greater than petitioner’s and to all domiciliary personal representatives prior to entry of an order admitting the will to probate. Committee notes revised. Citation form changes in committee notes.
1996
The requirement that a filing of an authenticated copy of a will be a “probated” will is removed from subdivision (c). There may be circumstances in which a will is on deposit or file in a foreign jurisdiction but is not being offered for probate. That should not preclude an ancillary administration in Florida of that estate. This change is not intended to allow an authenticated copy of any document other than an original instrument to be filed under this rule and considered for probate.
2003
Committee notes revised.
2005
Committee notes revised.
2010
Committee notes revised.
2012
Committee notes revised.
2019
Subdivision (a) amended to clarify the contents of a petition for ancillary letters. Committee notes revised.
2026
Subdivision (a)(1) amended for consistency with subdivision (a)(2). Committee notes revised.

References

Statutory References

  • § 731.201(1), Fla. Stat. General definitions.
  • § 733.212, Fla. Stat. Notice of administration; filing of objections.
  • § 733.2121, Fla. Stat. Notice to creditors; filing of claims.
  • § 734.102, Fla. Stat. Ancillary administration.
  • § 734.1025, Fla. Stat. Nonresident decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims.

Rule References