Florida ancillary probate | A Florida Probate

When a person who lived outside Florida dies owning Florida real estate or other Florida assets, the estate opened in their home state usually has no authority over the Florida property. A Florida proceeding, called ancillary administration, is typically needed to transfer it (§ 734.102). It is filed in a Florida county where the property is located (§ 733.101).

Florida has lighter options in some cases: a short-form procedure for testate estates with $50,000 or less in Florida (§ 734.1025), summary administration, which is available to nonresidents (§ 735.201), and, after two years or once the home-state personal representative is discharged, admitting the foreign will to record (§ 734.104).

Full ancillary administration

Who is appointed. First, a personal representative the will specifically names for Florida property, if qualified to serve here; otherwise the home-state (domiciliary) personal representative, if qualified; then a qualified alternate named in the will; then a qualified person chosen by those entitled to a majority of the Florida property (§ 734.102). A nonresident can qualify in Florida only if closely related to the decedent (§ 733.304).
What is filed. Authenticated copies of the home-state proceedings: for a will, the will, the petition, the order admitting it, and the personal representative’s authority (Fla. Prob. R. 5.470).
Creditors. Unless claims are already barred by the two-year rule, the ancillary personal representative publishes and serves a notice to creditors, and late claims are barred as in any Florida estate (§ 734.102, § 733.702, § 733.710).
Result. After expenses and claims are paid, the court may order the Florida property transferred to the home-state personal representative or distributed directly to the beneficiaries (§ 734.102).

Short form for small testate estates

If the decedent left a will and the Florida property is worth $50,000 or less (gross value at death), the foreign personal representative may, within two years after the death, file an authenticated transcript of the foreign proceedings showing the will and beneficiaries. The court admits the will if it meets Florida’s execution rules. A notice to creditors may be published; if any claim is filed, a personal representative is appointed (§ 734.1025; Fla. Prob. R. 5.475).

Other routes

Summary administration is available for a nonresident’s estate on the same terms as for a resident: Florida assets subject to administration, less exempt property, of $150,000 or less, or a death more than two years ago (§ 735.201).
Admitting a foreign will to record. If the will was probated elsewhere and either two years have passed since the death or the home-state personal representative has been discharged, with no Florida administration, an authenticated copy of the will can be recorded in the Florida county where the real estate is. Once admitted to record, it passes title to the Florida real estate as if probated here (§ 734.104).
Limited powers of a foreign personal representative. Some Florida debtors and holders of property may pay or deliver to a foreign personal representative after waiting periods, and a Florida bank may release a safe-deposit box’s contents to one after three months if no Florida representative has been appointed (§ 734.101, § 655.936). These do not transfer real estate.

What changes the answer

Whether the decedent left a will, and whether it meets Florida’s execution requirements
The value of the Florida property and how long ago the death occurred
Whether the home-state personal representative is qualified to serve in Florida
Whether the Florida property is real estate, a bank account, or something else
Whether the Florida property is jointly owned, in a trust, or in a Lady Bird deed, any of which may avoid a Florida proceeding

An example

A New Jersey resident dies owning a condominium in Volusia County worth $310,000, with a will probated in New Jersey naming her son as executor. Her son qualifies to serve in Florida because he is her child. He files authenticated copies of the New Jersey will, petition, order, and letters in Volusia County, receives ancillary letters, publishes the notice to creditors, and sells the condominium. After the claims period, the court authorizes distribution of the proceeds to the beneficiaries.

Common mistakes

Assuming the home-state letters authorize a Florida sale
Choosing a home-state personal representative who cannot qualify in Florida
Missing the two-year window for the short form
Overlooking simpler routes, such as summary administration or recording the foreign will

What to gather

Certified death certificate
Authenticated copies of the home-state will, petition, order admitting the will, and letters
The Florida deed, legal description, and property tax bill
Mortgage, association, and lien information for the Florida property
Names and addresses of beneficiaries and known Florida creditors

Next step

Find out what has been filed in the home state and obtain authenticated copies. With those and the Florida deed, the right Florida procedure can usually be identified quickly.

Related guidance

Sources: Florida Statutes § 655.936, § 733.101, § 733.304, § 733.702, § 733.710, § 734.101, § 734.102, § 734.1025, § 734.104, and § 735.201 (2026); Florida Probate Rules 5.470 and 5.475 (October 15, 2026 edition). Checked on October 23, 2026.