Out-of-State Executor in Florida: Probate & Estate Guide for Non-Residents

Managing an estate from outside Florida can be overwhelming. If you’ve been named executor or personal representative for a Florida resident’s estate, but live in another state, this guide is for you. This page walks you through the Florida probate process for non-residents, including your legal duties, timelines, and how to navigate court filings without stepping foot in the state. Whether you’re dealing with real estate, financial accounts, or family disputes, understanding the legal landscape for a Florida estate for non-residents is essential.

Understanding the Role of an Out-of-State Executor in Florida

An out-of-state executor in Florida is also known as a personal representative. Florida allows non-residents to serve in this role only if they are a close relative or spouse of a relative, per Florida Statute § 733.304. If you’re not eligible, the court may appoint a qualified local person or your Florida Probate Attorney to serve.

You are responsible for:

Filing the will in Florida probate court
Securing and managing estate assets
Notifying and paying creditors
Filing taxes
Distributing assets to beneficiaries

Your ability to act legally is granted once you obtain Letters of Administration from the Florida probate court.

Florida Ancillary Probate for Non-Resident Decedents

If the decedent was not a Florida resident but owned property in the state, Florida ancillary probate is required. This is a secondary probate process filed in Florida while the main probate is administered in the home state.

To initiate ancillary probate, your Florida Probate Attorney will:

File a Petition for Ancillary Administration
Submit a certified copy of the foreign will and order admitting it to probate
Obtain ancillary Letters of Administration
Assist in transferring or selling Florida property

Florida ancillary probate is required for any real estate owned in Florida by a non-resident decedent and ensures the property is legally transferred.

Step-by-Step: Florida Probate Process for Non-Residents

Step 1: Confirm Probate is Required

If the decedent owned property solely in their name or held accounts without designated beneficiaries, probate will be required in Florida. This includes real estate, bank accounts, investment accounts, or other assets that do not automatically transfer to a co-owner or named beneficiary. However, assets held in a properly funded trust or jointly owned with rights of survivorship may pass outside of probate.

For non-resident decedents, it’s especially important to determine whether Florida ancillary probate is necessary. Ancillary probate is required when a person who was domiciled in another state passes away owning real property—or in some cases, tangible personal property—located in Florida. The property cannot be sold, transferred, or distributed until a Florida court formally opens an ancillary administration.

A Florida Probate Attorney can help you analyze the asset profile and confirm whether Florida probate jurisdiction is triggered. If the property was held jointly or in a revocable trust, it may be exempt. But if it was titled solely in the decedent’s name without a survivorship designation, Florida probate for non-residents will be necessary to clear title and distribute the asset.

Confirming the need for probate or ancillary proceedings at the outset helps avoid delays and unnecessary filings. An experienced attorney will also review whether you qualify for summary ancillary administration—a faster, more streamlined version available in some non-resident estates.

Step 2: Obtain Exemplified or Certified Documents From the Domiciliary Probate Case

To initiate ancillary probate in Florida, you’ll need to obtain certified or exemplified copies of the court file from the domiciliary probate case—the main probate proceeding filed in the state where the decedent resided at the time of death. These documents are essential for the Florida court to recognize the out-of-state probate process and proceed with ancillary administration.

Under Florida law, the court requires exemplified copies (or triple-sealed/certified documents) of the following:

The petition for probate
The order admitting the will (if applicable)
The Letters of Administration (or their equivalent)
Any relevant orders appointing a personal representative

Additionally, Florida courts require the original death certificate of the decedent. This must be filed with the ancillary petition to verify the death and establish jurisdiction.

Failure to provide properly certified or exemplified documents will delay the ancillary probate proceeding and may require you to re-submit or re-request official paperwork from the originating court. A Florida Probate Attorney can coordinate directly with the clerk’s office in the domiciliary state to ensure all documents meet Florida’s evidentiary standards.

This step is critical to establishing a valid Florida estate for non-residents and properly opening the ancillary file.

Step 3: Determine the Proper Venue and Jurisdiction for Filing in Florida

When initiating a Florida ancillary probate or any formal administration, you cannot file just anywhere in the state. Florida law has strict rules about venue. According to Florida Statute § 733.101, the probate petition must be filed in a specific county based on the decedent’s connection to the state.

Here’s how Florida determines proper venue:

If the decedent was domiciled in Florida, you must file in the county where they were domiciled.
If the decedent was not domiciled in Florida but owned property in the state, you must file in any county where that property is located.
If the decedent had no domicile or property in Florida, but someone in Florida owed them money, then the venue is the county where that debtor resides.

For example, if the decedent lived in New York but owned a vacation home in Naples, the Florida probate process for non-residents must be initiated in Collier County.

Filing in the wrong county can delay your case. However, the court may transfer the matter under the Florida Rules of Civil Procedure, as noted in subsection (3) of the statute. Still, it’s always better to file correctly the first time.

A qualified Florida Probate Attorney will help you determine the proper venue and ensure compliance with this rule. If you’re handling a Florida estate for non-residents, choosing the correct venue is a foundational step in the probate process and ensures the court has jurisdiction over the estate. Mistakes at this stage can set back the entire proceeding.

Step 4: Confirm You Qualify to Serve as Personal Representative in Florida

Even if you’ve already been appointed executor in another state, you must still qualify to serve in Florida before the court will issue ancillary Letters of Administration. Florida law imposes specific eligibility requirements for non-residents under Florida Statute § 733.304, which governs who may act as a personal representative in Florida.

According to this statute, a non-resident executor (also called a personal representative) cannot serve in Florida unless they are:

A legally adopted child or adoptive parent of the decedent
Related by lineal consanguinity to the decedent
A spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent—or someone related by lineal consanguinity to any of these
The spouse of a person otherwise qualified under one of the above categories

This means many professional fiduciaries, friends, or attorneys who qualify in other states may not qualify under the Florida probate process for non-residents.

If you do not meet one of the statutory qualifications, the Florida probate court will require that a qualified co-personal representative be appointed or that a Florida Probate Attorney or local resident serve in your place.

This requirement applies even in ancillary probate cases, so it’s essential to address your eligibility before filing. A qualified attorney can review your relationship to the decedent and help confirm your ability to act—or arrange for a legally qualified representative to fulfill the role as part of your broader Florida estate for non-residents strategy.

Step 5: Hire a Florida Probate Attorney

Hiring a Florida Probate Attorney is required in most formal and all ancillary probate cases. Not all attorneys handle Florida ancillary probate regularly, so it’s important to choose someone experienced in working with out-of-state executors in Florida. Ancillary proceedings differ from typical formal administration and require coordination with out-of-state courts, precise document handling, and compliance with both Florida probate and foreign jurisdiction rules.

A knowledgeable attorney will:

Evaluate whether full or ancillary probate is needed
Ensure documents are properly certified
Draft and file all court pleadings
Act on your behalf during hearings or communications

Step 6: File the Petition and Will

Your attorney will help you file a Petition for Ancillary Administration and submit the original will. This step legally initiates the Florida probate process for non-residents. The court cannot proceed without properly filed documents and jurisdiction.

Step 7: Secure Letters of Ancillary Administration

Once the court reviews your petition and documents, it will issue Letters of Administration. These letters give you the legal authority to access bank accounts, manage real estate, and make other estate decisions.

Without these letters, financial institutions and third parties won’t recognize your authority. They are a foundational part of managing a Florida estate for non-residents.

Step 8: Notify Creditors and Publish Notice

Florida law requires executors to formally notify known creditors and publish a legal notice in a local newspaper. This triggers a 90-day window for creditors to file claims. Failure to comply can expose the estate—or you personally—to liability.

A Florida Probate Attorney ensures that the publication is made correctly and on time, and that creditor claims are managed and resolved efficiently.

Step 9: Inventory Assets and Value the Estate

Create a comprehensive inventory of the decedent’s Florida-based property, including:

Real estate
Vehicles
Bank and brokerage accounts
Business interests
Tangible personal property

An accurate valuation is essential for probate filings, tax reporting, and eventual distribution. Your attorney can coordinate appraisals if needed.

Step 10: Pay Debts and Taxes

Settle all valid creditor claims using estate assets. File the decedent’s final income tax return and any applicable estate tax filings.

Failing to properly address tax and debt obligations may delay closing the estate or create financial exposure for you as the executor.

Step 11: Distribute Assets

After the court approves the distribution plan, and all debts and taxes are settled, you may distribute the remaining assets to beneficiaries. This must be done according to the terms of the will or applicable intestate law.

Step 12: Close the Estate

File a Petition for Discharge and submit a final accounting. Once approved, the court will officially close the estate. This step completes your duties as an out-of-state executor in Florida and formally ends the administration of the Florida estate for non-residents.

Common Mistakes for Out-of-State Executors

Not Hiring a Florida Probate Attorney Early

One of the most frequent and costly errors is waiting too long to hire a Florida Probate Attorney. For an out-of-state executor in Florida, legal representation is not only required for formal probate—it’s essential for avoiding procedural missteps. Ancillary probate involves additional filings and coordination with out-of-state courts, and attorneys who routinely handle Florida ancillary probate understand these complexities.

Overlooking Creditor Deadlines

Under Florida law, you must notify known creditors and publish a notice to unknown creditors. If this step is missed or delayed, it can result in unexpected claims against the estate. The 90-day statutory creditor period is strict, and failing to adhere can create personal liability for the executor—especially when managing a Florida estate for non-residents.

Distributing Assets Too Soon

Another common mistake is distributing assets before the probate process is complete. Many out-of-state executors in Florida feel pressure from beneficiaries to expedite distributions. However, doing so before debts, taxes, and court approvals are resolved may result in financial or legal consequences.

Failing to File Ancillary Probate

When a non-resident decedent owns real estate in Florida, Florida ancillary probate is required to lawfully transfer that property. Executors often overlook this step if the main estate is being probated in another state. Without proper filing, title transfers will not be valid, and real estate transactions may be delayed or denied.

Missing Tax Filing Requirements

Executors are responsible for filing the decedent’s final federal income tax return and any required Florida filings. This can be especially confusing for an out-of-state executor in Florida unfamiliar with local and federal deadlines. Late filings can trigger penalties and IRS audits.

Successfully navigating the Florida probate process for non-residents means knowing what to do—and what to avoid. Working with a knowledgeable Florida Probate Attorney early in the process is the best way to stay on track, minimize liability, and ensure compliance with all probate rules.

Required Documents for Out-of-State Executors

When handling a Florida estate for non-residents, having the correct documents ready can significantly reduce delays and confusion. An out-of-state executor in Florida should begin assembling all necessary legal paperwork as early as possible. The probate court and your Florida Probate Attorney will rely on these documents to prepare and file essential pleadings, petitions, and accountings throughout the administration process.

You will typically need:

Certified death certificate
This is required to initiate probate, file tax returns, and close accounts. Florida courts only accept certified originals, not photocopies.
Original will (if available)
If the decedent executed a will, the original must be filed with the court. A copy is insufficient unless accompanied by additional filings.
Out-of-state probate documents (if ancillary)
For Florida ancillary probate, you’ll need exemplified or certified copies of documents from the domiciliary (home-state) probate case, including the petition, order admitting the will, and letters of administration.
Property deeds
Deeds for Florida real estate must be provided to establish ownership and determine whether probate is needed for transfer or sale.
Financial account statements
These help in valuing the estate, locating assets, and preparing court-required inventories.
Tax records and employer documents
Used to file final income tax returns, locate retirement accounts, and address outstanding wages or benefits.

An experienced Florida Probate Attorney will help collect, organize, and file all required forms to ensure compliance with the Florida probate process for non-residents. This includes verifying that documents are properly certified and aligned with local court requirements.

If you’re an out-of-state executor in Florida, gathering these materials early allows your attorney to move swiftly through the probate timeline and avoid unnecessary court delays. Proper documentation is essential to opening and closing probate efficiently and lawfully under Florida’s legal system.

Benefits of Hiring a Florida Probate Attorney

Hiring a Florida Probate Attorney offers significant advantages, especially for an out-of-state executor in Florida. One of the greatest benefits is that you can fulfill your legal obligations without needing to travel. Your attorney will represent you in court, prepare filings, communicate with creditors, and ensure you remain compliant with all relevant Florida laws.

A Florida Probate Attorney Allows You to:

Avoid traveling to Florida
Your attorney can appear in court and manage communications on your behalf, saving time and travel costs.
Ensure all forms and timelines are met
Florida’s probate deadlines are strict. A missed filing can cause delays or financial penalties. Your attorney keeps your case on track.
Resolve disputes between beneficiaries
Conflicts over wills, distributions, or property are common. A probate attorney can mediate and resolve issues before they escalate.
Complete both full and ancillary probate
If the decedent lived out of state but owned property in Florida, your attorney will guide you through Florida ancillary probate. This parallel process allows for legal transfer of Florida property while the primary probate occurs elsewhere.
Stay compliant with Florida law
Every document and transaction must meet the requirements of the Florida Probate Code. Your attorney ensures everything is executed properly.

For anyone handling a Florida estate for non-residents, an attorney is more than a procedural requirement—they’re your legal bridge to the state’s probate system. If you’re an out-of-state executor in Florida, your attorney becomes your on-the-ground legal representative, simplifying a complex process and ensuring nothing falls through the cracks.

From initiating the Florida probate process for non-residents to closing the estate efficiently, working with a seasoned professional is the smartest step you can take. The right legal counsel ensures your responsibilities are met with precision, confidence, and full court compliance.

FAQs: Florida Estate for Non-Residents

Can a non-resident serve as an executor in Florida?

Yes, but only if you’re a qualified relative of the decedent. According to Florida Statute § 733.304, an out-of-state executor in Florida may only serve if they are a legally adopted child, adoptive parent, blood relative, or spouse of someone who qualifies. If you don’t meet these criteria, the court will require a qualified Florida resident or licensed Florida Probate Attorney to serve instead. This requirement helps ensure the court has reliable in-state jurisdiction over the executor’s actions.

Is ancillary probate required in Florida?

Yes, Florida ancillary probate is required when a non-resident decedent owns real estate or other Florida-based assets titled solely in their name. Even if the primary probate is happening in another state, you must file ancillary proceedings in Florida to transfer or sell property legally. A Florida Probate Attorney can coordinate between jurisdictions to ensure compliance with local laws.

How long does probate take?

The timeline depends on the type and complexity of the estate. Formal probate generally takes between 6 and 12 months. For Florida ancillary probate, the timeline is typically shorter—about 3 to 6 months—provided all necessary documents are in order. The Florida probate process for non-residents can take longer if there are disputes, missing documentation, or issues with asset location or valuation. A knowledgeable attorney can expedite these steps by managing filings and communicating with the court.

Do I need to appear in court?

Not usually. As an out-of-state executor in Florida, your Florida Probate Attorney can appear on your behalf. This is especially helpful if you are managing the estate remotely.

Can I handle a Florida estate remotely?

Yes. Many people successfully manage a Florida estate for non-residents without traveling, thanks to their attorney’s in-state presence and electronic court systems. Your attorney handles filing, notifications, and court communications while keeping you updated throughout the process. This makes managing the Florida probate process for non-residents efficient and accessible from anywhere.

Contact a Florida Probate Attorney for Out-of-State Executor Support

If you’re handling a Florida estate for non-residents, Lorenzo Law is here to help. We represent out-of-state executors throughout the entire process—from initial filings to final distributions.

We simplify the Florida probate process for non-residents, assist with ancillary probate filings, and provide full-service representation.

Contact us today to schedule a consultation—we’re here to make the legal process as manageable as possible during this difficult time.