A family in Ontario, or São Paulo, or Ohio loses a parent who owned a place in Florida. They assume the will — already being probated at home — takes care of everything. Then they try to sell the Florida condo and discover the title can't transfer without a separate Florida court proceeding. This is ancillary probate, and for cross-border and out-of-state families it is one of the most common and avoidable surprises in Florida property ownership.
What Is Ancillary Probate?
When a person dies, their estate is administered in the state or country where they were domiciled (their permanent home) — that's the "domiciliary" probate. But real estate is governed by the law of the state where it sits. So Florida real property owned by a non-resident decedent must be administered through a Florida ancillary administration under Fla. Stat. § 734.102. It runs alongside (or after) the home-jurisdiction probate and is what legally clears Florida title to the heirs or a buyer.
When Is Florida Ancillary Probate Needed?
- A non-resident died owning Florida real estate in their own name (the most common trigger).
- The decedent owned other Florida assets — accounts, mineral rights, or tangible property — not passing by beneficiary designation or survivorship.
- There are Florida creditors or claims to be resolved.
It is not needed where the Florida property already passes outside probate — for example, through a funded revocable trust, an enhanced life estate ("lady bird") deed, or valid survivorship titling.
Admitting a Foreign or Out-of-State Will
Florida is generally hospitable to wills made elsewhere. Under Fla. Stat. § 732.502(2), a will executed by a non-resident is valid in Florida if it was executed in compliance with the law of the place where it was made — with one critical exception: Florida does not recognize holographic (unwitnessed handwritten) or nuncupative (oral) wills, even if they are valid in the country where they were signed.
A foreign will is brought into the Florida proceeding using an authenticated (exemplified) copy of the will and the foreign probate, typically with an apostille (under the Hague Convention) and a certified English translation. Getting these documents assembled correctly from abroad is often the slowest part of the process — and where experienced counsel saves the most time.
Formal vs. Summary Ancillary Administration
| Type | When it applies | Character |
|---|---|---|
| Formal ancillary administration | Most cases; estate over $75,000 and death within two years | Court appoints an ancillary personal representative; full process; several months to a year |
| Summary ancillary administration | Florida estate of $75,000 or less, or the person died more than two years ago | Streamlined; no personal representative appointed; faster and less costly |
A Florida attorney is required for a formal administration, and the ancillary personal representative must be eligible to serve under Florida law — which, for non-relatives who are non-residents, can itself be a limitation worth checking early.
What It Costs — and Why Double Probate Hurts
Ancillary probate means a second set of court costs, attorney's fees, and time, layered on top of the home-jurisdiction estate. For a family already grieving and managing a probate abroad, opening another one in a foreign legal system — in another language, across time zones — is exactly the burden good planning is meant to spare them. The cost of avoiding it during life is a small fraction of the cost of going through it after death.
How to Avoid Florida Ancillary Probate
- Revocable living trust. Title the Florida property in a trust; at death it passes per the trust with no Florida court involvement. The cleanest, most flexible option for most owners.
- Enhanced life estate ("lady bird") deed. Lets the owner keep full control during life, with the property passing automatically to named beneficiaries at death. See our lady bird deed guide.
- Holding entity. An LLC or corporation can change what passes at death (an interest, not the real estate) — though for foreign owners this must be coordinated with the U.S. estate-tax analysis.
- Careful survivorship titling. Joint ownership with survivorship avoids probate but can create gift-tax exposure and loss of control for cross-border owners — use it deliberately, not by default.
Frequently Asked Questions
Related Reading
- Cross-Border Estate Planning for Florida Property — the estate-tax side of the same problem.
- What Is a Lady Bird Deed in Florida? — a simple probate-avoidance tool.
- Can a Foreigner Buy Property in Florida? — plan title at purchase.
Settling — or Planning to Avoid — a Florida Probate From Abroad?
Truestead Law handles Florida ancillary administration for out-of-state and foreign families, admits foreign wills, and builds the trusts and deeds that keep the next generation out of probate altogether.
International & Cross-Border Practice →This article is for general informational purposes and does not constitute legal advice. Probate outcomes depend on the specific facts, the decedent's domicile, and the documents involved. Consult a licensed Florida attorney regarding your situation. Arthur Simpson, Esq. is licensed to practice law in the State of Florida. Attorney advertising.