Ginsberg Shulman, PL — Board Certified Estate & Elder Law AttorneysGinsberg Shulman, PL — Board Certified Estate & Elder Law Attorneys

Ancillary Probate in Florida: When an Out-of-State Resident Dies Owning Florida Property

When someone dies a resident of another state but owns real estate in Florida, the home-state probate cannot transfer the Florida property. Florida requires its own proceeding, called ancillary administration. The out-of-state (domiciliary) probate handles everything else; the Florida case exists to clear title to the Florida condo, house, or land so it can be sold or distributed. For families of snowbirds, this is routinely the surprise second probate.

When Is Ancillary Administration Required?

Whenever a nonresident decedent leaves property in Florida that would require probate if the decedent had lived here — most commonly a condo or house titled in the decedent’s sole name, but also Florida credits owed by Florida residents and liens on Florida property (§734.102, Fla. Stat.). The home state’s court order means nothing to a Florida title company; only a Florida order does.

Ancillary administration is not required when the Florida property avoided probate on its own: held in the decedent’s trust, owned jointly with survivorship, or covered by a properly recorded enhanced life estate (“Lady Bird”) deed.

Who Serves as the Florida Personal Representative?

Section 734.102 sets the priority: the person the will designates for Florida property; otherwise the domiciliary personal representative, if qualified to serve in Florida; otherwise an alternate named in the will; otherwise the person chosen by a majority in interest of the persons entitled to the Florida property. Florida’s qualification rules still apply, including the nonresident restriction of §733.304, Fla. Stat., which limits out-of-state individuals to close relatives of the decedent. In practice the domiciliary personal representative is usually a spouse or child and qualifies without difficulty.

How Does the Process Work?

The Florida court admits an authenticated copy of the will already probated in the home state (or the will itself, for intestate-plus-will edge cases), appoints the ancillary personal representative, and issues Florida letters. From there it runs like a compact formal administration: notice to creditors, the three-month claim window of §733.702, Fla. Stat., payment of Florida claims, and distribution or sale of the property. Florida creditors get paid from Florida assets first; any surplus goes back to the domiciliary estate.

The $50,000 short form. If the Florida property’s gross value at death is $50,000 or less, §734.1025, Fla. Stat. allows the foreign personal representative to simply file an authenticated transcript of the home-state proceeding. It is a lighter process, though it still involves notice to creditors, and a claim filed against it converts the case to a regular ancillary administration.

Summary ancillary. Where the Florida assets fit Chapter 735’s limits ($150,000 or less nonexempt as of July 1, 2026, or death more than two years ago), ancillary can also proceed by summary administration, which for the many “the Florida condo is the only Florida asset and Mom died three years ago” cases is the cheapest path to marketable title.

The Trap: Florida Homestead Rules Can Apply to Nonresidents’ Heirs — and Vice Versa

Whether the Florida property was the decedent’s homestead is a fact question that does not disappear because the decedent wintered here. A snowbird who actually made Florida their primary residence (or whose residency is disputed) may pull the full homestead apparatus into the case: creditor protection, devise restrictions, spousal rights. Conversely, a true nonresident’s Florida vacation home is not protected homestead, which means it is exposed to creditor claims in the ancillary estate. Getting residency and homestead status characterized correctly is often the main legal work in the case.

Common Questions

Can our lawyer up north handle this? They will typically coordinate with Florida counsel; the Florida proceeding must be filed by an attorney admitted in Florida, and Fla. Prob. R. 5.030’s representation requirement applies here too.

Do we have to come to Florida? Almost never. Ancillary administrations are paper proceedings; with e-filing and remote signatures the family rarely sees the courthouse.

How long does it take? Short-form and summary versions: weeks to a few months. Full ancillary administration: similar to a compact formal administration, figure six months or more, dominated by the creditor period and the property sale.

Can we just deed the property using the home-state order? No. A deed signed on the home-state authority creates a title defect. Title companies will require the Florida proceeding at sale time anyway, often in the middle of a pending sale.

Reviewed by David A. Shulman, Florida Bar Board Certified in Wills, Trusts & Estates. Last updated July 2026.

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