PROBATE: Ancillary Administration in Florida

Probate for Out-of-State Residents Who Owned Florida Property
Did your loved one live outside Florida but own property here? If so, you may need to open an ancillary probate case in Florida. Don’t worry — we can help you do it quickly, remotely, and likely without ever setting foot in the state.

What is Ancillary Administration?

When someone who lives outside Florida passes away but owns real estate or other assets in Florida, you’ll need to open a second probate case here. This is called ancillary administration — and it’s required in addition to the probate case in the state where they lived.

Ancillary administration in Florida is usually needed if your loved one owned one or more of the following:

  • A Florida vacation home
  • A Florida condo, rental, or timeshare
  • A Florida-based bank or investment account

How I Can Help

I work with families across the U.S. to handle Florida ancillary probate — all remotely. Most of my clients never need to travel to Florida, visit a courthouse, or even leave the house. I’ll handle everything for you.

Ancillary Administration FAQ’s

Ancillary probate is a legal process required when a non-Florida resident passes away owning property in Florida. This secondary probate proceeding allows for the proper transfer or sale of the decedent’s Florida assets, such as real estate or timeshares, in accordance with Florida law.

Ancillary probate is typically necessary when:

  • The decedent was not a Florida resident.
  • They owned real property (e.g., a home, land, or timeshare) in Florida.
  • The property was titled solely in the decedent’s name without beneficiary designations.

Yes, ancillary probate in Florida can often be managed entirely remotely. Out-of-state beneficiaries can work with a Florida probate attorney who can handle court filings and proceedings without the need for the beneficiaries to travel to Florida.

To begin ancillary probate, the following documents are commonly required:

  • Certified copy of the decedent’s death certificate.
  • Exemplified or authenticated copies of the domiciliary probate proceedings from the decedent’s home state.
  • A list of the decedent’s Florida assets & debts.
  • Names and addresses of the beneficiaries.

In Florida, the personal representative (executor) appointed in the decedent’s home state probate may serve in the ancillary probate, provided they meet Florida’s qualifications. If the original executor is not qualified, the majority of beneficiaries can nominate another individual who meets the state’s requirements.

The duration varies based on the complexity of the estate and the type of administration:

  • Summary Ancillary Administration: Typically completes within a few weeks to a few months.
  • Formal Ancillary Administration: May take several months, especially if creditor claims or property sales are involved.

Yes, certain estate planning strategies can help avoid ancillary probate, such as:

  • Titling property jointly with rights of survivorship.
  • Establishing a revocable living trust and transferring Florida assets into it.
  • Designating beneficiaries on accounts and assets where applicable.

Costs can vary depending on the complexity of the estate and attorney fees. Expenses may include:

  • Court filing fees.
  • Attorney’s fees.
  • Costs for obtaining certified documents.
  • Publication fees for creditor notices (if required).

Generally, the property cannot be sold until ancillary probate is completed and the court has authorized the transfer of the property. Attempting to sell the property prematurely can lead to legal complications.

How It Works

  • Free Consultation – You use my online scheduler to book a FREE consultation at which time we will discuss your matter and determine whether probate is appropriate for your circumstances. We will also discuss cost and timeline.
  • Documents – You will need to provide me with documents such as the death certificate, will (if any), and probate filings (if any) from the state in which your loved one was a resident. I will give you guidance about these items during the initial consultation.
  • Administration – I will handle all the paperwork and filings with the Court. You will only need to e-sign documents when I send them to you.

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Why Clients Choose Me

Choosing the right probate attorney matters. Here’s why my clients trust me to handle their probate case:

Most of my clients live outside Florida. I make it easy to handle everything from home. No travel. No courthouse. Everything is handled by phone, Zoom, e-mail, e-signature, and secure portal.

I have been successfully administering Florida probate cases for more than 12 years. Importantly, I don’t dabble. I focus almost exclusively on Florida probate cases. Over the years, I have built the knowledge base, skills, and relationships necessary to handle any situation that may arise as part of a probate case.

No hourly billing for ordinary probate matters. You’ll know the full cost up front — no surprises.

You’ll work directly with me — not a call center, paralegal, or associate attorney. The virtual nature of my practice allows me to take fewer cases and dedicate more time and attention to each client.

Testimonials

  • Eric was extremely knowledgeable, accommodating, and kept me informed every step of the way. I’m so grateful for his expertise.
    Janice P.
  • Eric’s knowledge, professionalism, and kindness made the probate process as easy as possible during our grief. I highly recommend him.
    Lana F.
  • Eric’s timeliness, knowledge, accuracy, and kindness were beyond what I expected. He was always accessible and made the probate process easy to understand.
    Michele T.
  • Eric kept me up to date step by step and always answered my questions. If you need a lawyer for probate, Eric is the person you need.
    Maxine C.
  • Eric’s steady hand, compassion, and rich knowledge of probate made my life so much easier during an otherwise unbearable time.
    Keith P.
  • Eric was extremely diligent and responsive. I appreciated his transparent practice and professionalism.
    Angel O.
  • Eric made the probate process incredibly smooth and stress-free, even from out of state. He was compassionate, responsive, and very experienced.
    Nicole J.
  • Eric explained each step, was responsive to my questions, and made a complex probate process easy to navigate. His professionalism and compassion made a daunting situation manageable.
    Lisa C.

Testimonials edited for space. See full testimonials here.

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The Florida Probate Pro, PLLC is a 100% virtual law firm.
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