When someone who lived in another state dies owning real estate in Florida, the family almost always has to open a second probate case here. That second case is ancillary probate in Florida, and it exists because the home-state probate court has no authority over Florida land. Without it, the title stays clouded and the property cannot be sold or cleanly transferred.
When a Florida Case Is Required
Florida law triggers an ancillary proceeding whenever a non-resident dies leaving assets in the state, debts owed by Florida residents, or liens on Florida property.1The Florida Legislature. Florida Code 734.102 – Ancillary Administration In practice the trigger is almost always real estate held in the decedent’s individual name: a vacation home, a rental, a commercial parcel, or vacant land. Tangible personal property physically located in Florida, like a boat kept at a marina or a vehicle registered here, can also require the proceeding.
Bank accounts and brokerage holdings generally pass under the home state’s jurisdiction and do not, on their own, require a Florida case.
Timeshares catch many families off guard. Most Florida timeshares are deeded real property, meaning the owner holds an actual interest in land. If the timeshare was titled in the decedent’s name alone, it has to clear a Florida probate court the same way a house would. Because timeshare values tend to be modest, these cases often qualify for the shorter track described next.
Summary Administration or Formal Administration
Florida has two tracks, and which one applies controls almost everything about cost and timing.
If the Florida assets subject to administration (minus property exempt from creditor claims) total $75,000 or less, or the person has been dead for more than two years, the estate can usually proceed by summary administration.2Florida Statutes. Florida Code 735.201 – Summary Administration; Nature of Proceedings Summary administration skips the appointment of a personal representative and most of the ongoing reporting duties. The court reviews the petition, confirms the beneficiaries, and issues an order transferring the property directly. For a single timeshare or a modest parcel, this route saves real time and money.
If the Florida assets exceed $75,000, formal ancillary administration is required. A personal representative is appointed, creditors are notified and given time to file claims, debts are paid, and only then is the property distributed. Most of the rules and timelines in the rest of this article apply to formal administration.
Who Can Serve as Personal Representative
This is where ancillary cases stall most often. The person already serving as executor in the home state does not automatically qualify to serve in Florida. A non-Florida resident can only act as personal representative if they are:3Florida Legislature. Florida Code 733.304 – Nonresidents
- The spouse of the decedent
- A child, grandchild, parent, or grandparent (including adoptive relationships)
- A brother, sister, uncle, aunt, nephew, or niece of the decedent
- The spouse of any qualifying relative above
If the out-of-state will names a friend, business partner, or professional fiduciary who does not fit one of those categories, the Florida court will reject the appointment. Beneficiaries holding a majority interest in the Florida property can then nominate someone who does qualify, or they can hire a Florida-resident attorney or trust company to serve.
Anyone convicted of a felony is disqualified from serving, regardless of relationship. Florida Statute 733.303 treats this as an absolute bar, and courts have enforced it even where the convicted person was the sole beneficiary. If the named executor has a felony conviction, the family must find a replacement before the case can move forward.
Every out-of-state personal representative also has to designate a Florida resident agent to accept service of legal documents. In practice, the probate attorney handling the case usually fills that role.
A Florida Attorney Is Required
Florida Probate Rule 5.030 requires the personal representative to be represented by a licensed Florida attorney throughout the proceeding, whether formal or summary. The only narrow exception is when the representative is also the sole beneficiary and no creditors have filed claims. In any ancillary case with multiple heirs or outstanding debts, counsel is not optional. Fees vary with complexity, but expect at least several thousand dollars for a straightforward case.
Documents You Need From the Home-State Case
Gathering the right paperwork is the most time-consuming preparation step. Florida requires authenticated copies of the domiciliary proceedings as defined in 28 U.S.C. ยง 1738.415th Judicial Circuit Court of Florida. Checklist for Petition for Formal Ancillary Administration Authentication is more than a standard certified copy: it needs signatures from both the clerk and a judge in the home state’s court, confirming the documents are genuine. If that court is slow, this step alone can add weeks.
The authenticated package should include:
- The will, or proof of intestacy if there is none
- The order admitting the will to probate in the home state
- Letters of administration or letters testamentary showing the executor’s authority
- The original petition for probate from the home state
Beyond the home-state records, the Florida petition needs the exact legal description of each Florida property, taken from the most recent deed or the county appraiser’s record. It must also list the names and current mailing addresses of every beneficiary, whether named in the will or entitled under intestacy. Any outstanding mortgage, lien, or homeowner association obligation on the property should be identified before filing.5The Florida Legislature. Florida Code 734 – Probate Code: Foreign Personal Representatives; Ancillary Administration
Where to File, and What It Costs
The petition goes to the Clerk of the Circuit Court in the Florida county where the property sits. If the decedent owned property in more than one Florida county, the case is filed in the county holding the most valuable parcel, and that court’s orders cover the other counties as well.
Court filing fees are set by statute:6Orange County Clerk of Courts. Probate Filing Fees
- Summary administration, estate of $1,000 or less: $235
- Summary administration, estate over $1,000: $345
- Formal ancillary administration: $400
Certified copies, recording fees, and newspaper publication charges are separate. Once the clerk accepts the filing, a circuit court judge reviews the petition and supporting documents and, if everything meets statutory requirements, signs Ancillary Letters of Administration. That document is what title companies, banks, and government offices will require before cooperating with any transfer.
Whether a Bond Will Be Required
Under Florida Statute 733.402, the judge may require the personal representative to post a surety bond before the letters issue. A bond is more likely when the representative lives out of state, the estate is large, there are minor or incapacitated beneficiaries, or the will does not waive the requirement. The amount generally tracks the estimated value of the estate’s assets. If every beneficiary agrees and the risk is low, counsel can petition to reduce or eliminate it.
Creditor Notice and the Three-Month Clock
After the letters issue, the personal representative has to publish a Notice to Creditors in a newspaper in the county where the estate is being administered. The notice runs once a week for two consecutive weeks.7Florida Legislature. Florida Statutes 733.2121 – Notice to Creditors; Filing of Claims
The first publication date starts a three-month clock. Any creditor with a claim has to file it within three months of that first publication, or within 30 days of receiving direct notice, whichever is later.8The Florida Legislature. Florida Statutes 733.702 – Limitations on Presentation of Claims Claims filed after that are permanently barred. The representative also has to send direct notice to any creditor they know about, which starts that shorter 30-day window for those specific creditors.
Once the claims period closes and all valid debts, taxes, and expenses are paid, the representative asks the court for an order of distribution. That order is the legal document that moves title from the decedent’s name to the beneficiaries, and a title company will want a copy of it before closing any future sale.
How Long It Takes
The mandatory three-month creditor period sets a hard floor for formal ancillary administration. No case can close before those three months expire, even if no creditor files a claim. Most straightforward formal cases take four to eight months from filing to final distribution. Delays usually come from a slow home-state court, disputes among beneficiaries, or contested creditor claims.
Summary administration moves faster because it skips the representative appointment and the formal creditor notice process. A clean summary case can wrap up in one to three months, though waiting on authenticated home-state documents can stretch even simple ones.
When the Decedent Died Without a Will
Ancillary probate is still required when a non-resident dies intestate but owns Florida real estate. The Florida property passes under Florida’s intestacy statutes in Chapter 732 rather than any testamentary instructions. If the foreign personal representative does not qualify to serve here, the appointment follows Florida’s order of preference: the surviving spouse first, then a person selected by a majority of the heirs who is otherwise qualified.1The Florida Legislature. Florida Code 734.102 – Ancillary Administration Documentation requirements are largely the same, except the authenticated home-state records will include a petition for administration rather than a will.
How to Keep This From Happening Again
Ancillary probate is slow and expensive enough that most estate planning attorneys recommend holding Florida property in a form that avoids it. The usual options:
- A revocable living trust holding the property. The trust, not the individual, owns the land, so there is nothing to probate; the successor trustee handles distribution according to the trust terms.
- An enhanced life estate deed, often called a lady bird deed. The owner keeps full control during life, including the right to sell or mortgage, and ownership transfers automatically to the named beneficiaries at death.
- Joint tenancy with right of survivorship. The property passes automatically to the surviving co-owner at death, but the co-owner gets an immediate present interest, which can trigger gift tax issues and expose the property to the co-owner’s creditors.
Each option has trade-offs around control, taxes, and asset protection, and none of them can be set up after the owner has died. For families who only learn about ancillary probate once they have inherited a Florida property, the court process above is the available path.