Florida Ancillary Probate for Out-of-State Property Owners

When someone who owns real property in Florida but lives somewhere else passes away, the process of transferring ownership of that property is known as ancillary administration. Ancillary administration is also necessary when a Florida resident dies leaving property in another state.

Florida law requires that a personal representative be named to represent an out-of-state owner’s estate in an ancillary administration proceeding and be qualified to act in Florida. If qualified, a foreign personal representative — typically the estate executor — will have Letters of Administration issued in order to represent the estate in Florida.

Florida has two short forms of ancillary administration:

For estates worth less than $50,000 where the decedent had a will — The estate executor (foreign personal representative) must file a transcript of the probate proceedings, the will and a list of the beneficiaries. A notice to creditors must also be published, and any claims must be satisfied before ownership of real property can be transferred. If there is a creditor claim filed, then the short form must be converted to a formal ancillary administration and a Florida ancillary personal representative must be appointed.

For admission of a foreign will that has already been probated in another venue — When a decedent has been dead for more than two years, or a foreign will has already been probated, filing an ancillary petition with the court is the first step toward transferring title to the decedent’s real property in Florida. The petition must include authenticated copies of the will, the foreign petition for probate, and the foreign order admitting the will to probate.

A personal representative should hire a qualified Florida attorney to conduct ancillary estate administration. Generally, unless the will is contested or there are controversies regarding the property, the probate administration can be handled by the attorney without out-of-state beneficiaries or representatives having to appear in court.