Ancillary Probate in Florida: What Out-of-State Families Need to Know When the Decedent Owned Property Here

Wed Dec 31, 2025 | Probate | Share

When a loved one dies, most people assume that probate will take place in the state where that individual lived. And most of the time, that is the case. But if your loved one owned property or other assets in Florida, you may be surprised to learn that Florida may require a second probate case here, even if the main probate case is proceeding in another state.

This second probate is called ancillary probate, and while it is very common in Florida, it is not well understood. Ancillary probate can feel complex, frustrating, and confusing to families from out of state, especially when you’re already juggling probate issues in the home state, as well as the emotional challenges of grief.

We get it. That’s why we have put this brief guide together to help you understand what to expect when an ancillary probate proceeding is necessary in Florida. The more you know about the ancillary probate process in Florida, the better you can avoid delays, costs, and stress.

What is Ancillary Probate in Florida?

Ancillary probate is a secondary probate proceeding that is necessary when a person who was a resident of another state dies owning Florida-based property titled in that person’s individual name.

The primary probate case usually occurs in the decedent’s home state. Ancillary probate is opened in Florida for the limited purpose of addressing the Florida property. This is most often real estate, such as:

A vacation home
A rental property
A condo or timeshare
Undeveloped land

It is important to note that Florida courts cannot use an out-of-state probate to transfer or retitle real property. The ancillary probate process addresses such limitations.

When Are You Required to Use Ancillary Probate?

Generally speaking, ancillary probate is required if:

The individual who died was a resident of another state
The deceased individual owned real estate located in Florida in their own name at the time of death

Ancillary probate does not have to be used for:

Property held in a revocable trust
Property held jointly with rights of survivorship
Assets with valid beneficiary designations
Certain entities, such as properly structured LLCs or corporations

The Ancillary Probate Process

Ancillary probate is usually not as complex as a full probate case, but it still follows a formal legal process.

In general, the steps are as follows:

File an ancillary probate petition in the Florida county where the property is located
Provide authenticated copies of the out-of-state probate documents
Appoint a Florida personal representative (generally one who is limited to dealing with the Florida property)
Resolve any Florida creditor issues
Transfer or sell the Florida property

Florida courts often restrict the proceeding to just the Florida assets. This keeps the process more focused and efficient.

A Boca Raton Probate Attorney is Required

Florida law requires a Florida-licensed attorney to represent the estate in probate matters. This is especially important for out-of-state families because:

Florida probate rules differ from most other states
Mistakes can cause unnecessary delays in property transfers of several months
Improper filings may require restarting portions of the case
Local court procedures can also vary by county

Having Florida counsel allows the probate to proceed without requiring family members to travel back and forth.

How Long Does Ancillary Probate Take?

The time it takes for ancillary probate depends on several factors, including:

Whether the property is in homestead or non-homestead status
Whether the estate is being contested
Whether the property will be distributed or ultimately sold
Whether there are any creditor issues in Florida

In many uncontested cases, ancillary probate can be completed in a few months. The majority of delays stem from incomplete paperwork from the primary probate case or property title issues.

How Much Does Ancillary Probate Cost?

Ancillary probate is typically less costly than full probate in Florida since it is limited to specific assets.

Costs may include:

Court filing fees
Attorneys’ fees
Property-related costs, such as a sale or property maintenance
Any outstanding property taxes or liens

An experienced probate attorney can usually streamline the process, keeping costs proportionate to the value of the Florida property at hand.

How to Avoid Ancillary Probate

In many instances, ancillary probate can be avoided, but only with proper estate planning prior to death. Common ways to avoid ancillary probate include:

Transferring Florida real estate to a revocable trust
Titling property via a Lady Bird deed
Structuring ownership through specific entities
Titling property jointly with survivorship rights, as appropriate

None of these are available after death, unfortunately, which is why many families don’t discover ancillary probate until after the decedent has died.

Ancillary Probate is Important

Ancillary probate isn’t merely a technical or legal requirement. If it’s not handled correctly, ancillary probate can:

Delay heir distributions
Prevent the timely sale of the property
Create tax liability issues
Increase family tension during a time that is already difficult

When handled correctly, ancillary probate can be a relatively straightforward, manageable process that gives families the opportunity to move forward and close the estate.

How Can a Skilled Probate Attorney Help?

For families living out of state, ancillary probate may feel more like a hindrance than a help. But if you work with an experienced Florida probate attorney, that can make a huge difference in your experience.

Ellis Law Group works with out-of-state executors, trustees, and family members to:

Coordinate seamlessly with primary probate counsel
Minimize court involvement when possible
Quickly resolve Florida property issues
Reduce stress and uncertainty for families handling probate from out of state

The ultimate goal is clear: Protect the estate, comply with state laws, and help families proceed without undue delay.

Our Probate Attorney is Here to Handle Your Ancillary Probate Issues

Ancillary probate in Florida is common, but doesn’t have to be complicated. If your loved one was a resident of another state but owned property in Florida, learn about your obligations as soon as possible in order to save time, money, and frustration. With the right legal guidance, ancillary probate can be handled efficiently with respect for your family’s needs during a difficult time. Contact us for immediate assistance.