Ancillary Probate in Florida

Yes, if the condominium was held in your loved one’s individual name without a beneficiary designation, right of survivorship, or trust ownership. Florida has exclusive jurisdiction over real property located within its borders, which means a New York, Ohio, or California probate court has no legal authority to transfer title to a Florida property. A separate Florida court proceeding, ancillary administration under Florida Statute Chapter 734, is required to transfer that title, regardless of whether the deceased had a will and regardless of how the home-state probate is handled. Title companies and lenders will not close on the sale or refinancing of Florida real estate without a completed Florida court order authorizing the transfer.

Yes. Florida Probate Rule 5.030 requires attorney representation for the Florida ancillary proceeding, and your home-state attorney cannot file or appear in a Florida circuit court unless they are also licensed in Florida. A Florida-licensed probate attorney prepares the ancillary petition, coordinates with your home-state counsel to gather authenticated copies of the home-state Letters Testamentary and the will, handles the appointment of the Florida personal representative, addresses any Florida creditor requirements, and oversees the deed transfer that clears title to the Florida property. Bart Scovill, PLC works regularly with out-of-state families and attorneys on Florida ancillary proceedings, including those involving Sarasota County and Manatee County real estate, and can coordinate the Florida side of the administration remotely.

An uncomplicated ancillary proceeding involving a single Florida property, no Florida creditor disputes, and a qualifying personal representative can often be completed in three to six months. The timeline depends on how quickly authenticated home-state documents are obtained, whether any Florida creditors must be addressed before the estate closes, and the circuit court’s current scheduling calendar. Ancillary proceedings involving title disputes, multiple Florida properties, a non-qualifying personal representative, or contested creditor claims take longer. The Florida ancillary administration can run concurrently with the home-state probate in many cases, which reduces the overall timeline for families managing both proceedings at once.

Yes, if the Florida property was properly transferred into the trust before death. Florida real property held in a funded revocable living trust passes to the trust’s beneficiaries at death through the successor trustee, without any Florida court proceeding. The successor trustee executes a trustee’s deed transferring the property to the appropriate beneficiaries privately and on their own timeline. For out-of-state property owners who own Florida real estate, retitling that property into a revocable trust, or executing a Lady Bird deed naming beneficiaries who receive the property automatically at death, is the most straightforward way to avoid ancillary probate entirely. If the Florida property was never transferred into the trust, a Florida court proceeding is still required even if the trust otherwise exists.

To begin the Florida ancillary probate process, the Florida attorney typically needs certified copies of the death certificate, certified copies of the home-state Letters Testamentary or Letters of Administration issued by the home-state probate court, and an authenticated or exemplified copy of the will if one exists. These home-state documents must meet Florida’s authentication requirements before they can be filed with the Florida circuit court. Additional documents may be required depending on the specific facts of the estate; for example, a copy of the Florida deed showing how the property was titled, and information about any known Florida creditors. Your Florida attorney will provide a complete document checklist once the initial facts of the estate are reviewed.