Florida Probate From Out of State: Personal Representative Guide

Domiciliary vs. Ancillary Probate: Which One Do You Need?

Florida law distinguishes between domiciliary probate (the main probate of a Florida-resident decedent) and ancillary administration (a parallel proceeding in Florida for a non-Florida-resident decedent who owned Florida property). The procedure is different for each.

Not sure which path applies? Schedule a free consultation and we will review the death certificate, the will, and the asset list, then identify the correct Florida procedure.

Out-of-State Personal Representative Qualifications (Fla. Stat. §733.304)

Florida is one of the more restrictive states on who can serve as personal representative from outside the state. Under Fla. Stat. §733.304, a non-Florida resident can be appointed personal representative only if they fall into one of the following relationships to the decedent:

• A legally adopted child or adoptive parent of the decedent,
• Related to the decedent by lineal consanguinity (parents, grandparents, children, grandchildren),
• A spouse, brother, sister, uncle, aunt, nephew, or niece of the decedent, or
• The spouse of any person listed above.

Common Out-of-State PR Scenarios That Qualify

Most family members handling a Florida probate from out of state qualify under §733.304:

• An adult child living in any US state (or in Canada, Mexico, or another country),
• The surviving spouse, regardless of where they currently live,
• A sibling, niece, nephew, aunt, or uncle, regardless of state of residence,
• A grandchild or great-grandchild (lineal consanguinity reaches all generations).

Common Scenarios That Do NOT Qualify

Florida specifically excludes certain people from serving as PR from out of state:

• A close friend named in the will but unrelated to the decedent (no qualifying relationship),
• A non-spouse partner who lived with the decedent but never married them,
• A trustee, advisor, or unrelated professional named in the will,
• An in-law beyond the immediate spouse.

If the named person in the will does not qualify, the Florida court will appoint a Florida-resident personal representative, often a Florida-licensed probate attorney, with input from the family. We review every will before filing to confirm whether the named PR qualifies and to identify alternatives early.

Bond and Resident Agent Requirements

Even when the out-of-state PR qualifies, Florida courts may require a surety bond (unless waived by the will or all interested parties under F.S. §733.402), designation of a Florida resident agent to accept service of court papers, and compliance with the Florida Probate Rules. At Bucelo Diaz Law, we routinely serve as the resident agent for out-of-state personal representatives we represent. The family has one Florida point of contact for the court.

How Florida Formal Administration Works for Out-of-State Families

If the Florida-resident decedent’s estate exceeds the summary threshold ($75,000, rising to $150,000 effective July 2026) or the death was within the past two years and the estate is otherwise complex, formal administration is required under Chapter 733 of the Florida Probate Code. The procedure for an out-of-state PR follows the same statutory steps as a Florida-resident PR, with practical adjustments for distance:

• We open the case in the correct Florida county and petition for your appointment as personal representative;
• You sign the verified petition and the Oath of Personal Representative remotely (notarized in your home state or by Florida Remote Online Notarization under F.S. §117.201–117.305);
• The court issues Letters of Personal Representative naming you;
• We publish the Notice to Creditors (F.S. §733.2121), serve known creditors, and prepare and file the verified inventory within 60 days (F.S. §733.604);
• You review and sign documents by email throughout the case;
• We appear at any required Florida court hearings on your behalf;
• At the close, we file the final accounting and obtain the order of discharge (F.S. §733.901).

Total time: typically 6 to 12 months, of which the mandatory 3-month creditor claim period is fixed by statute. Most out-of-state PRs complete the entire case without traveling to Florida. For full procedural detail, see our Florida formal administration page.

How Florida Summary Administration Works for Out-of-State Families

If the Florida-resident decedent’s estate qualifies for summary administration (currently $75,000 or less in non-exempt assets, rising to $150,000 effective July 1, 2026, or the decedent has been deceased more than two years), the procedure is faster, less expensive, and structured differently. No personal representative is appointed. Instead, under F.S. §735.203, the surviving spouse (if any) and ALL beneficiaries jointly sign the verified petition.

For an out-of-state family, the practical workflow is:

• We draft the joint petition listing the surviving spouse (if any) and every beneficiary;
• We send a personalized signature package to each family member by email and overnight mail;
• Each beneficiary signs before a notary in their home state (or by Florida Remote Online Notarization);
• Each returns the notarized signature page to us;
• We assemble the complete petition and file it in the correct Florida county;
• The court typically issues the Order of Summary Administration within 4 to 8 weeks.

Florida courts accept signatures notarized in any US state. For international beneficiaries, the signature is typically notarized at a US embassy or consulate, or notarized in the home country with an apostille (Hague Convention) or consularización.

One important caveat: if any beneficiary refuses to sign, or cannot be located despite reasonable effort, summary administration is not available and the estate must proceed through formal administration. We assess this early in the case so the family does not invest in a path that ultimately cannot close. For full procedural detail, see our Florida summary administration page.

International Families: Canadian and Latin American Scenarios

Florida has the largest community of foreign-national property owners in the United States, primarily Canadian snowbirds and Latin American investors. We routinely handle Florida probate for international families, with attention to the cross-border tax and document authentication issues that come with non-US clients.

Canadian Families

Approximately 500,000 Canadians own Florida property. When a Canadian snowbird passes away, three parallel issues emerge:

• Florida ancillary administration (or rarely, Florida domiciliary probate if the Canadian had also become a Florida resident) to transfer the Florida property;
• US estate tax filings — specifically Form 706-NA for non-resident decedents whose US-situs assets exceed the $60,000 threshold. The Canada-US Tax Treaty Article XXIX-B provides a pro-rata unified credit that often eliminates the actual tax owed but does not eliminate the filing requirement;
• FIRPTA withholding (15%) when foreign heirs later sell the inherited Florida property.

We coordinate the Florida ancillary case with Canadian estate counsel and accountants on the cross-border tax and reporting issues.

Latin American Families

Florida is home to a large Latin American diaspora and a major destination for Latin American real estate investment. Our team includes Spanish-speaking attorneys and we handle the Florida probate process in Spanish for families from Venezuela, Colombia, Argentina, Mexico, Peru, Chile, the Dominican Republic, and across the region.

Common cross-border issues for Latin American families include apostille and consularización of foreign documents (death certificates, wills, identity documents) before they are accepted by Florida courts; certified English translation of Spanish-language documents (a Florida court requirement); coordination with home-country counsel on the local succession proceeding; US tax exposure for non-resident decedents (Form 706-NA and the $60,000 exclusion threshold for non-domiciliaries); and QDOT planning when the surviving spouse is a non-US citizen. If you would like to discuss your case in Spanish, mention that on the consultation request and we will pair you with one of our Spanish-speaking attorneys.

How We Handle Florida Probate Remotely

Most out-of-state and international families complete their Florida probate without ever traveling to Florida. The key tools that make this possible:

• Zoom consultations. Initial and follow-up meetings happen by video call. We share documents on screen, walk through the process, and answer questions in real time.
• Email and overnight mail for documents. Petitions, notices, accountings, and court orders move by encrypted email and overnight courier between our Florida office and your home address.
• Remote notarization in your home state. Any US notary can notarize Florida court documents. Florida courts accept the home-state notarization as valid.
• Florida Remote Online Notarization (RON). Authorized by F.S. §117.201 through §117.305, RON allows you to sign and notarize Florida court documents by encrypted video call with a Florida-licensed online notary. Useful when several family members need to coordinate signatures across multiple time zones.
• Attorney appearances on your behalf. When a Florida court hearing is required, we appear for you. You do not need to be present.
• Spanish-language service throughout. If your family prefers Spanish, our Spanish-speaking attorneys handle communication and document review in Spanish.

The only situation that may require travel is a complex contested matter requiring witness testimony from the family. These are uncommon. For typical out-of-state probate, no travel is needed.

Cost Overview

Florida probate fees are governed by the same statutes regardless of where the family lives. The personal representative does not pay more for being out of state.

• Summary administration: $4,500 flat fee at Bucelo Diaz Law, plus court filing fees (~$400–$420). See summary administration cost detail.
• Formal administration: $8,500+ depending on estate size and complexity. Florida Statute §733.6171 establishes the presumed reasonable fee schedule. See formal administration cost detail.
• Ancillary administration: $4,500 flat for short-form ancillary; $8,500+ for formal ancillary. See ancillary administration cost detail.
• Filing fees, publication, and service costs are separate and typically range from $400 to $700 total depending on the procedure and the county.

Every consultation is free, and we provide a clear fee estimate before you commit. Out-of-state families can pay our fee by ACH, wire, or credit card from any state.

Timeline

The Florida probate timeline does not change because the family lives out of state. Typical timing:

• Summary administration: 4 to 8 weeks from petition filing to the Order of Summary Administration. Coordinating signatures across multiple states usually adds 1 to 2 weeks at the front end.
• Formal administration: 6 to 12 months from appointment of the personal representative to the order of discharge. The mandatory 3-month Florida creditor claim period under F.S. §733.702 is fixed.
• Short-form ancillary administration: 4 to 8 weeks once the home-state probate is closed.
• Formal ancillary administration: 6 to 12 months when Florida creditor periods or contested matters apply.

What to Expect When You Partner with Bucelo Diaz Law

Settling a Florida estate from out of state is uniquely challenging. You are grieving, coordinating with siblings or relatives in different states, and navigating a Florida court system you have likely never worked with before. When you hire Bucelo Diaz Law for an out-of-state Florida probate, you can expect:

• Direct attorney handling. Alexis Bucelo Diaz and Rachel Peraza personally manage each case. We do not pass your matter off to a paralegal.
• Bilingual service. Our team handles cases in English and Spanish, which matters for many out-of-state families with Latin American roots or international relatives.
• Free 30-minute consultation by Zoom or phone. We review the situation, identify the correct Florida procedure, and provide a clear fee estimate before you commit.
• Service in all 67 Florida counties. We handle out-of-state probates in every Florida county, with offices in Weston, Ocala, and Naples.

Speak with a Florida Out-of-State Probate Attorney Today

If a parent, spouse, sibling, or other family member died with a Florida connection and you live out of state, we can help. Contact Bucelo Diaz Law for a free 30-minute consultation. Call (954) 399-1910 or schedule online. Both in-person and virtual consultations are available.