Florida Ancillary Probate: Guide for Out-of-State Property Owners

Did someone in your family live in another state but own a Florida vacation home? You may need to open ancillary probate in Florida. This second probate proceeding handles property located in a state where the deceased did not live.

Let's say you're the executor for someone who lived in New York but owned a Naples condo. You'll open the main probate in New York, then file a separate ancillary case in Florida to transfer that condo.

This guide covers when you need ancillary probate, the step-by-step process, costs, and ways to avoid it altogether.

What Is Ancillary Probate?

Ancillary probate is a second probate proceeding filed in a state where the deceased owned property but did not live. It runs at the same time as the main (called "domiciliary") probate in the home state.

Why It's Required

Each state's courts control only property within their borders. When someone dies:

Domiciliary probate handles property in the state of residence
Ancillary probate handles property in other states

Florida courts must authorize transfers of Florida real estate. It doesn't matter where the owner lived.

Common Scenarios

Vacation Homes: A New Jersey resident owns a condo in Naples. The estate needs ancillary probate in Florida to transfer that condo.

Investment Property: A California investor owns rental properties in Orlando. Ancillary probate transfers those properties to the heirs.

Inherited Property: A Michigan resident inherited their parents' Florida home years ago but never sold it.

Snowbirds: Someone who spends winters in Florida but keeps legal residence in another state.

When Is Ancillary Probate Required?

Required For:

Florida Real Estate:

Houses and condos
Vacant land
Commercial property
Timeshares (typically)
Any real property titled in the deceased's name alone

Tangible Personal Property in Florida:

Vehicles titled in Florida
Boats registered in Florida
Physical belongings located in Florida
Business equipment in Florida

NOT Required For:

Property That Avoids Probate:

Real estate in a revocable living trust
Property with a Lady Bird deed
Joint property with right of survivorship
Property with transfer-on-death deed (available July 2025)

Intangible Property:

Bank accounts (even at Florida banks)
Stocks and bonds
Brokerage accounts
The home state handles these assets

The Ancillary Probate Process

Step 1: Open Domiciliary Probate First

Before you start Florida ancillary probate:

Open probate in the deceased's home state
Get Letters Testamentary or Letters of Administration
Order certified copies (you'll need these for Florida)

Step 2: Identify Florida Property

Make a list of all Florida assets that require ancillary probate:

Real estate deeds
Vehicle titles
Tangible property inventory

Step 3: Choose Ancillary Proceeding Type

Florida offers two options:

Ancillary Administration (Full):

For larger estates or complex situations
Follows standard formal administration procedures
Requires a Florida personal representative
Full creditor claims process applies

Ancillary Summary Administration:

Available if the estate qualifies for summary administration
Florida assets under $75,000 (excluding homestead), OR
Death occurred more than 2 years ago
Simplified process with no personal representative appointed

Step 4: File in the Right Florida County

File ancillary proceedings in the county where Florida property sits. If property exists in multiple counties, pick one and file there.

Step 5: Appoint Florida Personal Representative

For full ancillary administration, Florida requires a personal representative who is:

A Florida resident, OR
The executor from the home state (called the domiciliary personal representative)
A close family member of the deceased

The home state executor can usually serve but must file extra documents.

Step 6: Gather Required Documents

For Ancillary Administration:

Petition for Ancillary Administration
Authenticated copy of will (if any)
Authenticated copy of domiciliary Letters
Death certificate
List of Florida property
Oath of Personal Representative
Designation of Resident Agent (if out-of-state)

For Ancillary Summary Administration:

Petition for Ancillary Summary Administration
Authenticated copies of domiciliary proceedings
Death certificate
List of Florida property
Proof that you addressed creditor requirements in the home state

Step 7: Notify Creditors

For full ancillary administration:

Publish Notice to Creditors in Florida
A 3-month creditor claims period applies
You must address Florida creditors

For summary administration:

No separate creditor period runs (but you must show the home state handled claims)

Step 8: Manage Florida Assets

Pay any Florida-specific debts
Manage Florida property during administration
File a Florida estate inventory

Step 9: Transfer or Distribute Property

Once administration wraps up:

Record the court order with the county to transfer real estate
Transfer vehicle titles through Florida DMV
Distribute assets to beneficiaries or send them to the main estate

Timeline for Florida Ancillary Probate

Proceeding Type	Typical Timeline
Ancillary Summary Administration	2-4 months
Ancillary Administration	6-12 months

The timeline runs alongside the home state probate. You cannot close Florida ancillary before the main probate resolves.

Costs of Ancillary Probate

Court Filing Fees

Proceeding	Filing Fee
Ancillary Administration	~$401
Ancillary Summary Administration	~$345

Attorney Fees

Florida ancillary probate typically costs:

Summary: $1,500-$4,000
Full Administration: $3,000-$10,000+

What affects fees:

Property value
How complicated the issues are
Whether disputes come up
How the attorney bills

Other Costs

Recording fees for deeds
Publication costs (Notice to Creditors)
Appraisal fees (if needed)
Title insurance (for real estate transfers)

Total Cost Example

For a $300,000 Florida vacation home with ancillary summary administration:

Filing fee: $345
Attorney fee: $2,500
Recording/misc: $200
Total: ~$3,000-$4,000

Who Can Serve as Ancillary Personal Representative?

Home State Executor

The executor from the main probate can usually serve in Florida. Here's what they need:

File certified copy of their domiciliary Letters
File Designation of Resident Agent (Florida Statutes 733.401)
Name a resident agent who accepts service of process

Florida Resident

Any Florida resident who would qualify as a personal representative can serve.

Family Members

Close family members (spouse, parent, child, sibling) can serve even if they don't live in Florida.

Who Cannot Serve

Non-residents who are not:

The home state personal representative
A close family member
Qualified under Florida law

How to Avoid Ancillary Probate

Revocable Living Trust

Transfer Florida property into a revocable living trust:

Trust administration skips probate entirely
Your successor trustee handles the property transfer
Works no matter which state you live in

Cost: $2,000-$5,000 to create the trust + deed transfer costs

Lady Bird Deed (Enhanced Life Estate)

Record a Lady Bird deed for Florida real estate:

Property transfers automatically when you die
You keep full control while you're alive
Very affordable for a single property

Cost: $200-$500 to create and record

Joint Ownership with Right of Survivorship

Add a co-owner with survivorship rights:

Property passes automatically to the survivor
No probate needed

Watch out for:

Co-owner gets immediate rights to the property
Property becomes exposed to the co-owner's creditors
Gift tax issues may arise
This approach doesn't fit every situation

Transfer-on-Death Deed

Starting July 1, 2025, Florida allows TOD deeds:

Name a beneficiary on the deed
Property transfers at death without probate
Similar to a Lady Bird deed but a newer option

Limited Liability Company (LLC)

Transfer Florida property to an LLC:

LLC interest counts as intangible property
The home state probate handles it
No Florida ancillary needed

Watch out for:

Annual LLC fees and filings
Loss of homestead exemption (if you had one)
More complex setup

Special Situations

Multiple Florida Properties

If you own property in several Florida counties:

File ancillary in one county
That single proceeding covers all Florida property
Pick the county with the most valuable property

Florida Homestead Property

If Florida property was the deceased's homestead (even if they lived elsewhere part of the year):

Homestead protections may apply
Special descent and distribution rules kick in
Talk to a Florida attorney

Surviving Spouse Rights

Even in ancillary probate, surviving spouse rights to Florida property may apply:

Elective share rights
Homestead rights (if applicable)
Exempt property claims

Creditors

Florida ancillary probate addresses Florida creditors:

Creditors who did business with the deceased in Florida
Secured creditors with liens on Florida property
Healthcare providers for Florida treatment

Frequently Asked Questions

Can I avoid ancillary probate with a will?

No. A will doesn't avoid probate; it tells the probate court what to do. To skip ancillary probate, use a trust, Lady Bird deed, or other probate-avoidance tool.

Does the home state executor automatically have authority in Florida?

No. The executor from the home state must get formally appointed in Florida ancillary proceedings or file their domiciliary Letters with the Florida court.

Can I sell Florida property during ancillary probate?

Yes, with court approval. The ancillary personal representative can sell property by following Florida procedures.

What if the Florida property is worth very little?

If Florida personal property is minimal, some title companies and institutions may accept an affidavit and death certificate without formal ancillary probate. Real estate almost always requires ancillary proceedings.

How long does ancillary probate take?

Ancillary summary takes 2-4 months. Full ancillary administration runs 6-12 months. You cannot close it before the home state probate closes.

Do I need a Florida attorney for ancillary probate?

Yes. Florida requires attorney representation for formal administration. Even for summary administration, a Florida attorney makes sure you meet local requirements.

What happens if I don't do ancillary probate?

Florida property cannot legally transfer. Title companies won't insure the transfer. The property stays in the deceased person's name, which creates problems for any future sale or financing.

Related Florida Guides

Sources:

Florida Statutes Chapter 734 (Ancillary Administration) | Florida Legislature | 2024 | https://www.flsenate.gov/Laws/Statutes/2024/Chapter734
Florida Statutes Section 733.401 (Resident Agent) | Florida Legislature | 2024 | https://www.flsenate.gov/Laws/Statutes/2024/733.401
Florida Probate Rules | Florida Courts | 2024 | https://www.flcourts.gov/Resources-Services/Court-Improvement/Family-Courts/Family-Law-Self-Help-Information/Probate

Last Updated: January 2026. This guide provides general information about Florida ancillary probate. If you're handling an estate with Florida property, consult a Florida probate attorney.