Ancillary Probate in Florida

Ancillary probate is a legal process used when a person who lived in another state passes away but owned real estate or certain other assets located in Florida. Even if the main probate case is handled in the person’s home state, Florida law requires a separate probate here to transfer Florida property to the rightful heirs or beneficiaries.

When Ancillary Probate Is Needed

Ancillary probate is generally required if:

• The deceased was a non-Florida resident.
• They owned Florida real estate in their name alone or as a tenant in common.
• The property was not held in a trust, did not have a transfer-on-death deed, and was not jointly owned with survivorship rights.

It can also apply to certain tangible personal property, such as boats, vehicles, or valuable collectibles located in Florida.

Why It’s Important

Without ancillary probate, Florida property cannot be legally transferred to heirs, sold, or refinanced.
This process:

• Ensures the Florida property title is legally transferred.
• Protects buyers and heirs from future title disputes.
• Completes legal requirements so the property can be sold or distributed.

How Ancillary Probate Works in Florida

Florida’s ancillary probate process typically involves:

1. Filing authenticated copies of the out-of-state probate documents in the Florida court.
2. Having a Florida court appoint a personal representative (PR) — often the same person serving in the home state, if eligible under Florida law.
3. Satisfying any Florida-specific requirements, such as creditor notices.
4. Transferring or selling the property as directed by the will or by Florida’s intestate laws if there is no will.

The process can be formal or summary, depending on the value and type of assets.