Florida is full of vacation homes, snowbird condos, and investment properties owned by people who actually live somewhere else. When one of those out-of-state owners dies, their home state handles the main probate, but the Florida real estate often requires a separate proceeding here. That second proceeding is called ancillary administration, and it is governed by Section 734.102 of the Florida Probate Code.
Why a second probate is needed
Courts only have authority over property within their own state. A probate court in, say, Ohio or New York cannot transfer title to a condo in Florida. So if a non-resident dies owning Florida property in their sole name, the family typically opens a primary (domiciliary) probate in the home state and an ancillary probate in the Florida county where the property sits. The two run in parallel.
When ancillary probate applies
You generally need ancillary administration in Florida when a non-resident dies owning, in their name alone:
- Real estate located in Florida (a home, condo, or land), or
- Other tangible or intangible property physically located or having a situs in Florida, or
- A valid claim or cause of action arising in Florida.
If the Florida property was jointly owned with survivorship rights, held in a trust, or covered by a beneficiary deed, ancillary probate is usually unnecessary.
How the process works
If the non-resident left a will that was already admitted in their home state, that foreign will can typically be admitted to record in Florida, and the personal representative from the home state may serve here as ancillary personal representative if qualified. Florida still requires the appointment of an ancillary representative, notice to creditors, and the payment of valid Florida claims before the property can be sold or distributed. A Florida attorney is generally required, just as in domestic formal administration.
The good news on taxes
Out-of-state families often worry about being taxed twice. Florida has no state estate tax and no inheritance tax, so owning Florida property does not add a Florida death tax. The only estate-tax exposure is federal, which applies only to very large estates regardless of where the property is located.
How to avoid ancillary probate entirely
Because a second probate means extra time and cost, many non-residents plan ahead so their Florida property never has to go through it. Common strategies include:
- Placing the Florida property in a revocable living trust (Chapter 736), so the trustee transfers it without court.
- Using an enhanced life estate (Lady Bird) deed, which lets the owner keep full control during life and pass the property automatically at death.
- Holding title jointly with rights of survivorship where appropriate.
Note that homestead protections under Article X, Section 4 generally apply only to a Florida resident’s primary residence, so a snowbird’s seasonal Florida home usually is not protected homestead.
Before you proceed
Ancillary probate coordinates two court systems and has its own Florida deadlines and notice rules. This is general information, not legal advice. If you are settling the estate of an out-of-state relative who owned Florida property, or you own Florida real estate and want to spare your family a second probate, consult a licensed Florida probate attorney.
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For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .
