Ancillary Probate Attorney in Florida — Out-of-State Property Administration

Ancillary probate is a secondary court proceeding filed in Florida when a non-resident decedent owned Florida-situated real property or tangible personal property in their name alone. The word “ancillary” means supplementary, as this proceeding supports the primary (domiciliary) probate taking place in the decedent’s home state.

Florida law follows the “situs” rule: the law of the state where real property physically sits governs its transfer, regardless of where the owner lived. A Massachusetts resident who owned a Fort Lauderdale condo still falls under Florida law for purposes of transferring that condo’s title. Florida Statute Chapter 734 governs every step of ancillary administration.

Ancillary probate is required whenever a non-resident dies owning:

• Residential homes, vacation homes, or condominiums titled in their name alone
• Rental or investment properties
• Undeveloped or vacant land
• Timeshares (with added complications)
• Tangible personal property — vehicles, boats, RVs, or livestock physically located in Florida

Without completing ancillary probate, the family cannot transfer the title, obtain title insurance, sell or refinance the property, or clear creditor claims. The title remains in the deceased owner’s name indefinitely. Learn more about the full scope of ancillary probate in our comprehensive guide to ancillary probate in Florida.

The type of ancillary proceeding depends on the value of the Florida property:

Florida restricts who qualifies to serve as personal representative in an ancillary proceeding. Non-resident personal representatives must meet specific requirements under Florida Statute 733.304:

• Be at least 18 years old and mentally competent
• Have no felony convictions
• Be related to the decedent by blood, adoption, marriage, or lineal descent

Qualifying relationships include: spouse, child, parent, sibling, uncle, aunt, nephew, niece, or any person related by lineal consanguinity. Unrelated non-residents, such as a close friend or business partner named in the will, are disqualified under Florida law.

If the named executor does not qualify in Florida, the court will appoint an alternative, typically a Florida-resident attorney or qualified relative. The best preventive measure is naming a Florida-qualified backup personal representative in your will.

Estate planning before death is the only way to avoid ancillary probate entirely. Once a property owner passes away with Florida real estate titled in their name alone, ancillary probate is unavoidable. Here are the most effective planning strategies:

• Revocable living trust. Property titled in a properly funded revocable trust passes outside probate entirely, in Florida and every other state. The most comprehensive and reliable avoidance tool for multi-state property owners.
• Lady Bird deed (enhanced life estate deed). Transfers Florida property automatically at death, bypassing probate. The owner retains full control during life, including the right to sell or revoke. Retains homestead protections and provides a stepped-up tax basis for heirs.
• Joint tenancy with right of survivorship. Property passes automatically to the surviving owner. Works well for married couples or parent-child ownership.
• LLC ownership. Transferring rental or investment property into an LLC converts it from real property to a personal property membership interest, which passes through domiciliary probate in the home state, not Florida ancillary probate.

If you currently own Florida real estate and haven’t addressed this in your estate plan, our attorneys can recommend the right strategy for your situation and property type.

• We know the local courts. We file regularly in Broward, Miami-Dade, and Palm Beach County circuit courts. We know their procedures, their local forms, and what they expect.
• We handle both: ancillary probate AND planning to avoid it. Whether you need help with an active ancillary proceeding or want to restructure your estate plan so your family never faces this situation, we can help with both.
• Advanced tax credentials on staff. Samantha’s LL.M. in Taxation and CPA license mean estates with federal estate tax considerations are handled with expertise most firms can’t match in-house.
• Virtual consultations available. We work regularly with out-of-state clients. You don’t need to travel to Florida to work with us.
• Free consultations. We’ll assess your situation at no charge and give you a clear picture of what the ancillary process will involve, or how to avoid it.