Ancillary Administration
Florida probate for out-of-state residents owning property here.
If a non-resident passes away owning real estate or other assets in Florida, a secondary probate process called Ancillary Administration is required to transfer those specific assets.
Even if the primary estate is being probated in the decedent's home state, the out-of-state court has no jurisdiction over Florida real estate.
We work seamlessly with out-of-state executors and their local attorneys to handle the Florida portion of the estate, ensuring the property can be legally sold or transferred to heirs.
Key Benefits
Clear Title
Obtain the necessary Florida court orders to transfer or sell the real estate.
Attorney Coordination
We collaborate with your primary probate attorney in your home state.
Remote Handling
We manage the Florida proceedings so you do not have to travel.
Frequently Asked Questions
Can we sell the Florida property immediately?
No. You must open the Ancillary Administration and obtain court authority before the property can be legally sold.
Is it a full probate process?
It depends on the value of the Florida assets. It may qualify for a shorter Summary Administration if the criteria are met.
My father lived in Michigan and his will named my brother, who also lives there, as executor. Can my brother handle the Florida part too?
Often yes. Florida gives first priority to a personal representative specifically named in the will to administer the Florida property, and otherwise to the out-of-state personal representative, in each case only if that person is qualified to act in Florida. Someone who does not live in Florida can still qualify if they are related to the person who died by blood in the direct line, which includes a child.
Does my father's Michigan will have to be redone to work in Florida?
No. A will signed by someone who was not a Florida resident, other than a handwritten or oral will, is valid here if it was valid under the law of the state or country where it was signed. If the will and any codicils were executed the way Florida requires, they are admitted to probate.
The only thing my aunt owned in Florida was a small lot worth about $30,000. Is there a shorter option?
Possibly. A separate short-form procedure applies when someone who lived outside Florida dies with a will and leaves Florida property with a gross value of $50,000 or less at the date of death. The out-of-state personal representative may file an authenticated transcript of the home-state proceedings within two years of the death. That $50,000 figure was not changed by the 2026 legislation that raised the summary administration limit.
Do we have to notify Florida creditors, or did the probate in his home state already take care of that?
Generally you do, because the probate in the home state does not resolve Florida creditors. The ancillary personal representative must have a notice to creditors served and published under Florida's probate rules, unless claims are already barred. Separately, Florida bars most claims against an estate two years after the date of death.
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