Ancillary Probate

Ancillary probate is a secondary court proceeding opened in Florida when a person who lived in another state or country dies owning property located in Florida — most commonly real estate. Florida Statute §734.102 authorizes the proceeding and allows Florida courts to recognize wills already admitted in the home-state court.

It is generally required when a non-Florida resident dies owning Florida real estate, a Florida-titled vehicle, or other Florida-situs tangible property in their individual name without a beneficiary designation. Assets held in a Florida revocable trust, as joint tenants with right of survivorship, or with POD/TOD designations typically pass outside of probate and do not require an ancillary proceeding.

A short-form ancillary proceeding under F.S. §734.102(5) can often be resolved in 4–8 weeks when the home-state probate is closed and no Florida creditor issues remain. A formal ancillary administration typically takes 6–12 months due to the mandatory 3-month Florida creditor claims period under F.S. §733.702. Contested matters or complex real property can extend the timeline.

At Bucelo Diaz Law, short-form ancillary administration is a $4,500 flat fee; formal ancillary administration starts at $8,500+ depending on estate size and complexity. Florida Statute §733.6171 establishes presumed reasonable attorney fees based on estate value. Court filing fees (approximately $400–$420) and publication costs ($150–$300) are separate. Every consultation is free and we provide a clear fee estimate before you commit.

Often, yes. Florida permits a domiciliary personal representative to serve as the ancillary personal representative if they qualify under F.S. §733.304 — typically a spouse or close relative of the decedent. If the domiciliary PR does not qualify, the court will appoint a Florida resident to serve.

Ancillary administration is still required to transfer the Florida property, but distribution follows Florida’s intestate succession statutes (F.S. §732.101–732.111). If there is a surviving spouse and no descendants, the spouse inherits. If descendants exist, the spouse receives the first $60,000 plus half the remaining estate (or half the estate if any descendants are not also descendants of the surviving spouse).

Yes. Under Florida Probate Rule 5.030, an attorney admitted to the Florida Bar is required to represent the personal representative in virtually all ancillary administrations. Out-of-state counsel typically cannot appear in Florida probate court without local Florida counsel.

Yes, with proactive estate planning. Transferring Florida real property into a revocable living trust, recording a Lady Bird (enhanced life estate) deed, titling the property as joint tenants with right of survivorship, or using POD/TOD designations on financial accounts are all recognized methods under Florida law for avoiding ancillary administration. A comprehensive plan typically combines several of these tools. Learn more about our estate planning services.

Ancillary administration is filed in the Florida circuit court of the county where the decedent’s Florida property is located. If property is located in multiple counties, the case is typically filed in the county containing the most valuable Florida asset. Use the county search above to find the correct probate court.

Yes, in most cases. If your relative owned Florida real estate or other Florida-situs property in their individual name, the New York probate (the domiciliary proceeding) cannot transfer Florida real estate. A Florida ancillary administration under F.S. §734.102 is required to clear title and pass the property to the heirs. We coordinate directly with your New York attorney so the two proceedings stay aligned, and you do not need to travel to Florida for the case.

Florida real estate cannot be transferred by a New Jersey court order alone. Whether the New Jersey probate is open or closed, you will most likely still need a Florida ancillary proceeding to clear title to the condo. The exact path (formal or short-form ancillary) depends on whether New Jersey creditor periods are complete and whether any Florida creditor issues remain. We can review the New Jersey order and recommend the most efficient Florida filing within one short call.

Yes. We handle Florida ancillary probate for California-resident families entirely by Zoom, phone, email, and overnight document delivery. Florida courts allow most ancillary procedural matters to proceed without the personal representative appearing in Florida. If you qualify under F.S. §733.304 as a lineal relative, spouse, sibling, or close family member, you can be appointed and complete the case from California.

Often yes, if the Texas executor is a qualifying family member under F.S. §733.304 (a spouse, lineal relative, or sibling). Florida does not automatically defer to the Texas appointment; the Florida court issues separate Letters of Ancillary Administration. We file the petition for ancillary administration and request that the Texas executor be appointed in Florida when they qualify, which keeps the two proceedings coordinated.

We open the ancillary proceeding in the Florida county where the property is located, file authenticated copies of the Illinois will and order of probate, and request Letters of Ancillary Administration. Once the Florida creditor period and any required notice are complete, the property can be transferred to the heirs or sold. Total time typically runs four to eight weeks for short-form ancillary and six to twelve months for formal ancillary.

Yes. We routinely represent families living in Massachusetts, Pennsylvania, Ohio, Michigan, Georgia, Virginia, North Carolina, Tennessee, Connecticut, Maryland, and every other US state. The Florida procedure is the same regardless of which state the family lives in. We coordinate with your home-state counsel and run the Florida portion of the estate remotely so the family does not have to travel to Florida.

Yes. We represent Canadian snowbird families and the heirs of Canadian decedents who owned Florida real estate. Canadian estates often raise cross-border issues like Form 706-NA (US estate tax for non-resident aliens), the Canada-US Tax Treaty pro-rata unified credit under Article XXIX-B, and FIRPTA withholding when foreign heirs later sell the inherited property. We coordinate with Canadian estate counsel and accountants to manage these issues alongside the Florida ancillary proceeding.

Yes. Our team includes Spanish-speaking attorneys and we work with Latin American families regularly, including clients from Venezuela, Colombia, Argentina, Mexico, and across the region. We can handle the Florida ancillary process in Spanish if preferred, coordinate with home-country counsel on succession documents, and manage apostille and consularización of foreign documents required by Florida courts.

In most cases, no. Florida courts allow ancillary probate matters to proceed by mail, email, and remote signature. We host consultations by Zoom, accept electronic signatures on most documents, and appear at Florida court hearings on your behalf. If a notarization is required, we coordinate with a notary in your state or use Florida’s remote online notarization (RON) procedure. Most of our out-of-state and international families complete the entire ancillary process without ever traveling to Florida.