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When a person dies owning property in Florida but their primary probate is in another state, the non-Florida court has no legal authority to allow heirs to inherit Florida property. This often forces heirs into a separate legal process called “ancillary administration” in a Florida court to properly transfer the title. Florida offers simplified options for smaller estates, but the process still requires familiarity with Florida law and can delay property transfer for months. To avoid ancillary probate entirely, non-residents could proactively use estate planning tools like a revocable trust or a lady bird deed for their Florida assets.

Facing an ancillary probate issue, or wish to avoid ancillary probate as part of your estate planning strategy? Call South Florida Law today (954) 900-8885 or reach out via our contact form.

A client in Ohio inherits their parents’ vacation home in Boca Raton. They try to sell it, but the title company stops the closing because the Ohio probate court has no authority over Florida real estate. This scenario plays out more often than many families expect, and it highlights a critical gap in multi-state estate administration that can delay property transfers for months.

Why Heirs Cannot Inherit Florida Property Through Another State’s Probate Court

When a person dies owning real estate in Florida but resided in another state, the probate court in their home state (called the “domiciliary” court) lacks jurisdiction over Florida property. Florida courts maintain exclusive authority to transfer title to real estate located within the state’s borders. This means that even when an executor has full authority under an Ohio, New York, or California probate proceeding, that authority simply does not extend to Florida real property.

Title insurance companies understand this limitation well. Before issuing a policy that guarantees clear and marketable title, they require proof that Florida property has been properly administered through the Florida court system. Without this step, heirs cannot sell, refinance, or transfer the property with confidence that the title is free from defects.

Florida’s Ancillary Probate Process

Florida law addresses this situation through a process called ancillary administration, governed by Chapter 734 of the Florida Statutes. Under Section 734.102, when a nonresident dies leaving assets in Florida, a separate probate proceeding must be opened in the Florida county where the property is located. This proceeding runs alongside (or “ancillary” to) the primary probate in the decedent’s home state.

The ancillary personal representative appointed by the Florida court receives the same powers as any other personal representative in the state. This includes the authority to manage and settle the estate, sell or lease property, and distribute assets to beneficiaries after paying legitimate debts and claims.

One important consideration involves who can serve as the ancillary personal representative. Florida law requires that personal representatives either be Florida residents or blood relatives of the decedent. If the executor named in the will does not meet these qualifications, an alternate must be selected. Those entitled to a majority interest in the Florida property may petition the court to appoint a qualified representative of their choosing.

“…when a nonresident dies leaving assets in Florida, a separate probate proceeding must be opened in the Florida county where the property is located.”

Simplified Options for Smaller Estates

Not every ancillary probate requires a full formal administration. Florida offers several streamlined alternatives depending on the circumstances.

For estates where the Florida property is valued at $50,000 or less, Section 734.1025 permits a short-form ancillary proceeding. Under this option, the foreign personal representative files authenticated transcripts of the domiciliary proceedings without the need for a separate Florida appointment. However, if a creditor files a claim, the case converts to a formal ancillary administration.

Summary administration provides another option when the total Florida assets do not exceed $75,000 or when the decedent has been deceased for more than two years. This procedure involves fewer steps and can significantly reduce the time and cost associated with transferring property.

Additionally, Section 734.104 allows for the admission of a foreign will directly to record in the Florida county where property is located. This option becomes available after two years from the date of death or after the domiciliary personal representative has been discharged. Once admitted to record, the foreign will becomes valid to pass title to Florida real property as if it had been probated in Florida originally.

The Value of Comprehensive Legal Representation

Navigating ancillary probate requires coordination between attorneys in multiple states, precise documentation from the domiciliary proceedings, and familiarity with Florida’s specific filing requirements. Working with a law firm that combines estate planning knowledge, real estate law experience, and title agency services under one roof offers distinct advantages.

Such a firm can anticipate title issues before they derail a closing, prepare the authenticated documents Florida courts require, and ensure that the property transfer satisfies title insurance underwriting standards. This integrated approach often saves families significant time, expense, and frustration compared to coordinating between multiple firms with separate practice areas .

Planning Ahead to Avoid Ancillary Probate

Families who own property in multiple states may benefit from estate planning strategies that avoid ancillary probate altogether. Options include transferring Florida real estate into a revocable living trust or using a lady bird deed, which allows property to pass directly to named beneficiaries upon death without court involvement.

An experienced Florida estate planning attorney can evaluate these options and recommend the approach best suited to each family’s situation. Taking proactive steps now can spare loved ones from unexpected legal complications during an already difficult time.

South Florida Law

Finding the right South Florida-based attorney is the first step that families can take to either proactively avoid ancillary probate or, alternatively, to manage the ancillary probate process.

South Florida Law is an experienced local Florida law firm with a track record of success in both estate planning and real estate law. In addition to excelling in the two core practice areas required to avoid or manage the ancillary probate process, South Florida law is also a full service title agency, can issue title insurance, and manage real estate closings.

If you are facing a stalled inheritance due to an ancillary probate issue or, if you wish to avoid probate through estate planning strategies, contact us today by calling (954) 900-8885 or via our contact form.