Florida Probate Help for Out-of-State Heirs and Ancillary Estates

If you inherited Florida property from across the country, or you are settling an estate where the decedent lived in another state but owned a condo, a vacation home, or a bank account in Florida, you are facing a process that differs from probate in your home state. Florida has its own rules, deadlines, and court procedures, and managing them from a distance creates challenges that local families rarely think about. This site explains Florida probate through the lens of the people who most often need it from afar: out-of-state heirs and families navigating ancillary probate.

Why Out-of-State Heirs End Up in Florida Court

Florida is a magnet for second homes, retirement properties, and snowbird investments. When the owner passes away, the asset does not transfer automatically just because the heirs live in New York, Ohio, or California. Real estate is governed by the law of the state where it sits. A Florida house, lot, or timeshare must move through a Florida court, even when the primary estate is being administered somewhere else. That secondary proceeding is called ancillary probate, and it is one of the most common reasons distant families find themselves dealing with the Florida Probate Code (Chapters 731 through 735, Florida Statutes).

The Two Main Paths: Formal and Summary Administration

Florida offers two primary probate procedures. Formal administration is the full process, generally required when the probate estate exceeds $75,000 in non-exempt assets or when the death occurred within the last two years. It involves appointing a personal representative who manages the estate under court supervision. Summary administration is a streamlined option for smaller estates or when more than two years have passed since death; it skips the appointment of a personal representative and can be faster and less expensive. Choosing the correct path matters enormously when you are coordinating from another state and trying to limit trips to Florida.

Florida-Specific Rules That Surprise Newcomers

Several Florida features catch out-of-state families off guard. Homestead property enjoys strong constitutional protection (Article X, Section 4 of the Florida Constitution) that affects who can inherit and how the property passes. A surviving spouse has an elective share right (Section 732.2065 and following) that can override a will. Florida also recognizes Lady Bird (enhanced life estate) deeds, which can pass real estate outside probate entirely. And importantly for heirs worried about taxes: Florida has no state estate tax and no state inheritance tax.

What You Can Explore on This Site

Each section walks through a specific topic for remote families: formal administration, summary administration, ancillary probate for out-of-state property, the duties of a personal representative serving from a distance, and contested or litigated estates. The goal is to help you understand the terrain before you commit time, money, and travel.

A Note on Legal Advice

This information is educational and general. Florida probate is fact-specific, and the right strategy depends on the will, the assets, the heirs, and the timeline. Before acting, consult a licensed Florida probate attorney who can review your situation and advise you directly. Nothing here creates an attorney-client relationship or substitutes for individualized counsel.

For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles how a will is contested in New York.