Ancillary Probate in Florida: Who Can Serve and the $150,000 Rule

Last updated 27 August 2026 · Reviewed by Jose M. Lorenzo, Jr., Esq., Fla. Bar No. 107002

Ancillary probate in Florida is the second court case opened here when someone who lived in another state or country dies owning Florida property. Florida ancillary probate runs alongside the main estate, and it reaches the Florida assets only.

Someone died in New York, Ohio, Ontario or Buenos Aires and owned a condo, a house, a vacant lot or a mortgage note here. The estate is already open where they lived. Florida still wants its own case before that property can be sold or transferred, and this is that case.

Lawyers call the case where the person actually lived the domiciliary probate, or the primary probate. Families call it probate in another state, and they call this one the second probate. Same thing: a Florida proceeding running alongside the main one, reaching only the Florida-situs property.

Three things decide how this goes, and most pages on the subject cover none of them properly. The first is whether the person was actually a nonresident at all. The second is whether the executor named in the will is even allowed to serve in Florida — often they are not. The third is that there are five routes through this, not one, and four of them appoint nobody.

This page covers all of it: what to file, what it costs, how long it takes, when you can skip the case entirely, and how families avoid the whole thing next time.

What is ancillary probate?

Ancillary probate — also called ancillary administration, or informally secondary probate — is a second court proceeding opened in the state where a person owned property, alongside the main probate in the state or country where that person actually lived. Real property is governed by the law of the state where it sits, so the home-state court cannot move it. The state where the land is has to be asked.

In Florida, that proceeding is governed by §734.102, Florida Statutes. It is opened alongside the domiciliary administration, and the person running that main case is the domiciliary personal representative — in many states, the executor.

The reason a second case exists is old and simple. An Ohio court order does not move Florida land. Only a Florida court can, which is why an ancillary estate has to be opened here.

Ancillary administration runs on procedures “as similar to those in original administrations as possible” — same Florida Probate Rules, same creditor process, same court — but limited to the Florida assets.

Was the decedent actually a nonresident?

Everything on this page assumes the answer is yes. It is worth stopping on, because the whole proceeding turns on it and it is not always obvious.

Ancillary administration is for a person who was domiciled somewhere else at death. Domicile is not the same as where someone spent the winter, and it is not settled by an address on a driver’s licence alone. It is a question of fact — where the person actually lived and where they intended to stay — and Florida courts decide it on the whole picture.

The Third District looked at exactly this in May 2026 in de Oliveira v. de Oliveira, No. 3D25-0855. The family argued the decedent was domiciled in Brazil. The court affirmed a finding of Florida domicile, resting on a Florida driver’s licence, a green card with an active extension, Florida vehicle insurance, belongings kept in Florida storage, and federal income tax returns filed as a legal resident. The attempt to convert the case into an ancillary administration failed.

The practical consequence for a snowbird family is straightforward. If your parent claimed the Florida homestead exemption, registered to vote here, filed taxes as a Florida resident and kept a Florida driver’s licence, they may well have been a Florida resident — in which case you do not have an ancillary case at all. You have an ordinary Florida probate, the homestead analysis changes completely, and a petition drafted the other way gets rejected or has to be amended.

Sort this out before anything is filed. Where the facts are genuinely mixed — a house in Michigan and a condo in Naples, six months in each — it is a decision to make deliberately, and it changes the cost of everything that follows.

When is ancillary probate required in Florida?

Florida ancillary probate is required when a nonresident decedent died owning assets in Florida, credits due from Florida residents, or liens on Florida property. It is required whether or not there is a will.

If the decedent died intestate, the ancillary case follows Florida’s intestate succession rules for the Florida property while the home state handles the rest, and the preference rules in chapter 733 decide who gets appointed.

It is not required for assets that never pass through probate at all. Florida property held jointly with right of survivorship, or with a valid enhanced life estate deed (a lady bird deed), or titled in a living trust, transfers outside probate and needs no case here. Neither do payable-on-death accounts or life insurance with a named beneficiary. Sorting the probate from the non-probate assets is the first thing to do, because it decides whether a Florida case is needed at all — and, if it is, which of the five routes below it fits.

What Florida assets require ancillary probate?

• Real property held individually or as tenants in common — a house, condominium, vacant lot, or an interest in any of these
• A vacation home or a deeded timeshare interest
• A mortgage or note secured by Florida property, or a lien on Florida property — though not always; see the 90-day rule below
• A vehicle, boat or mobile home titled in Florida
• An interest in a Florida-registered business
• A Florida bank or brokerage account — though §734.101 frequently reaches these without any case
• Any Florida asset that nobody will release without a court order

The distinction that runs through this whole list: real property always needs a Florida order. Personal property usually does not. That is the next section.

When you do not need ancillary probate at all: Section 734.101 and the 90-day rule

The single most useful thing to know about Florida ancillary probate is when you can skip it.

Section 734.101, Florida Statutes gives a foreign personal representative — the executor or administrator already appointed where the decedent lived — real authority in Florida without opening any case here. It is the most under-used provision in the chapter.

Personal property and debts. Under §734.101(4), anyone who owes the decedent money or holds the decedent’s personal property in Florida is authorised to pay or deliver it to the foreign personal representative once 90 days have passed since that representative was appointed — provided they have not received a written demand from a Florida-appointed personal representative or curator. A bank. A broker. A business partner. A tenant holding a deposit. Ninety days, authenticated letters, no Florida court.

Mortgages and liens the estate holds. Under §734.101(3), where the decedent held a mortgage or lien on Florida property, the debtor may pay the foreign personal representative after the same 90 days. Better than that: a satisfaction of the mortgage or lien executed by the foreign personal representative, with authenticated letters attached, may be recorded in the public records and operates as an effective discharge. That works whether or not any written demand was made. A Florida note in a New Jersey estate is very often a recording, not a probate.

Lawsuits. Section 734.101(1) lets a foreign personal representative who produces authenticated copies of the probated will or letters maintain an action in Florida courts. In Barfield v. Schmon, 537 So. 2d 1056 (Fla. 4th DCA 1989), the Fourth District held a foreign personal representative could bring and maintain a Florida wrongful death action without going through the ancillary administration statutes, so long as duly authenticated letters were filed for the court’s approval.

Safe-deposit boxes run on their own clock. Section 734.101(4) carves out §655.936, which governs delivery of safe-deposit box contents and property held in safekeeping. That section — amended effective 1 July 2026 — allows delivery to an out-of-state personal representative after three months, not 90 days.

Where Section 734.101 stops

It does not reach Florida real property. That is the line, and it is the reason this page exists. Land needs a Florida order: an ancillary administration, a summary administration, or the §734.104 recording described below. No amount of authenticated paperwork from another state moves a Florida deed on its own.

Two cautions before anyone relies on the self-help route.

The first is that it is one-way. In In re Estate of Purnell, 482 So. 2d 438 (Fla. 5th DCA 1986), a foreign personal representative received Florida bank funds in Maryland under §734.101(4). When a Florida court later ordered them returned, the Fifth District reversed — the transfer had been proper under the statute. Once it is lawfully made, it stands.

The second is that §734.101 does not make anyone a Florida personal representative. It authorises specific acts: collecting a debt, taking delivery of personal property, recording a satisfaction, bringing an action on authenticated letters. It does not confer the office. If the estate needs to sell land, deal with a title underwriter, or be appointed to anything, you need letters issued by a Florida court.

Who can serve as personal representative in a Florida ancillary probate?

This is where out-of-state estates get stuck, and it is worth understanding before anything else is filed.

Section 734.102(1) says the foreign personal representative is entitled to Florida ancillary letters “if qualified to act in Florida.” Everything turns on that clause, because Florida restricts who may serve.

Under §733.304, a nonresident may serve as personal representative in Florida only if they are:

• A legally adopted child or adoptive parent of the decedent;
• Related by lineal consanguinity to the decedent;
• A spouse, brother, sister, uncle, aunt, nephew or niece of the decedent, or someone related by lineal consanguinity to any of those people; or
• The spouse of a person otherwise qualified.

A nonresident cannot be appointed if they are:

• A friend of the decedent;
• A business partner;
• An accountant, financial advisor or the family lawyer;
• A bank or trust company that is not a Florida-authorised fiduciary;
• A stepchild who was never legally adopted;
• An unmarried partner; or
• Anyone else outside the four categories above.

Any of those people can be a perfectly valid executor in New York or Illinois or Ontario. None of them can be appointed personal representative in Florida. The will saying so does not change it. The home-state court having already appointed them does not change it.

Section 733.304 was not amended by the 2026 act. It reads today exactly as it has since 1979.

When the named executor cannot serve

Section 734.102(1) sets out the fallback in order:

1. A personal representative specifically designated in the will to administer the Florida property, if qualified to act in Florida.
2. The foreign personal representative of the domiciliary estate, if qualified to act in Florida.
3. An alternate or successor named in the will, if qualified.
4. A qualified personal representative selected by those entitled to a majority interest in the Florida property.
5. Where the decedent died intestate and the foreign personal representative is not qualified, the general chapter 733 preference order at §733.301.

The domiciliary personal representative must be given prior notice if someone else seeks ancillary letters. That is not a formality. In Piloto v. Lauria, 45 So. 3d 565 (Fla. 4th DCA 2010), the appointment of the children’s attorney was reversed in part because the surviving spouse — who had priority under Florida’s preference order — had not been served with formal notice.

In practice this is why the call happens. An executor in Toronto or Cleveland discovers the Florida closing cannot proceed, learns they personally cannot be appointed here, and needs someone qualified — usually a Florida relative, sometimes a Florida attorney serving in that role — plus a petition that gets it right the first time.

The $150,000 rule and ancillary summary administration

Florida’s shortened probate route is summary administration, and it is available in an ancillary case. §735.201 says so in terms: summary administration “may be had in the administration of either a resident or nonresident decedent’s estate.”

There are two conditions, and most pages give only one.

The value test. Whether “the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors,” exceeds the ceiling. On 1 July 2026 that ceiling went from $75,000 to $150,000, under Chapter 2026-57, Laws of Florida (CS/HB 1337), approved 29 April 2026. The Supreme Court of Florida amended Florida Probate Rule 5.530(a)(7) to match. There is no applicability clause tied to date of death — the act simply takes effect on 1 July.

The will test. Where there is a will, summary administration is available only if the will does not direct administration as required by chapter 733. A clause requiring formal administration takes the estate out of the summary route no matter what the property is worth. Read the will before anyone is promised a short case.

The value change is worth more in an ancillary case than anywhere else, and here is why.

The statute measures the estate subject to administration in this state. In an ancillary proceeding that is the Florida property and nothing else. The decedent’s worldwide estate is irrelevant to the arithmetic. A family in Toronto whose parent left an $8 million estate and a $140,000 condo in Cape Coral is testing $140,000 against the ceiling, not $8 million.

That $140,000 condo required full formal ancillary administration in June 2026. In July it fits summary administration — no personal representative appointed, no letters, no year-long file, an order distributing the property directly.

The second route into §735.201 also survives: if the decedent has been dead more than two years, the value ceiling disappears entirely.

Florida homestead and the nonresident owner

If you have read about summary administration for a Florida resident, you will have seen that the protected homestead generally comes out of the calculation before you test the ceiling, which is what lets large-sounding estates qualify. See our page on summary administration in Florida for how that works.

It usually does not help here. Protected homestead status depends on the property being used as a residence by the owner or the owner’s family. A vacation condo owned by someone who lived and died in Ontario or New Jersey is generally not protected homestead, so there is nothing to subtract and the full value of the property counts against the $150,000. In Reinish v. Clark, 765 So. 2d 197 (Fla. 1st DCA 2000), the First District confirmed that nonresidents are not entitled to the Florida homestead tax exemption, which requires permanent residency.

This is the single most common misunderstanding among families who have read about the resident rules and assumed they carry over. They do not. Snowbird property is measured at full value.

But homestead is a question of fact, and it cuts both ways.

It can be found where you would not expect it. In Grisolia v. Pfeffer, 77 So. 3d 732 (Fla. 3d DCA 2011), the Third District upheld Article X, section 4 protection on a Florida home owned by a foreign national on a temporary visa. What carried it was not his immigration status but his family: his son, a US citizen, resided on the property. It is sufficient that the owner’s family reside there. Citizenship is not the test. Residence and use are.

And where the property does qualify, a second rule arrives. Article X, section 4(c) of the Florida Constitution restricts how homestead may be devised. If the owner is survived by a minor child, the homestead cannot be devised at all. If the owner is survived by a spouse and no minor child, it may be devised only to the spouse. A will that leaves it elsewhere does not do what it says; the property passes under the constitutional default instead.

So the analysis runs in two steps, and both matter. Is it homestead? If not, the full value counts toward the $150,000 and there is nothing to subtract. If it is, you get the subtraction — and you may have inherited a devise restriction that changes who ends up owning it.

Five routes for a nonresident’s Florida property, compared

Most pages on this subject describe one route. Some describe three. There are five, and the cheapest one that fits is the right one.

	§734.101 self-help	§734.104 recording	No administration — §734.1025	Ancillary summary administration	Formal ancillary administration
Governing law	§734.101	§734.104	§734.1025	§735.201 with §734.102	§734.102, chapter 733
What it reaches	Personal property, debts, satisfaction of a mortgage the estate holds — not real property	Florida real property devised by the will	Any Florida property	Any Florida property	Any Florida property
Value limit	None	None	$50,000 gross value at date of death	$150,000, or dead more than 2 years	None
Will required	No	Yes	Yes — testate only	No	No
Timing gate	90 days after the foreign appointment	2 years after death, or after the domiciliary PR is discharged	Within 2 years of death	—	—
Florida court case	None	Petition to admit to record only	Filing, no appointment	Verified petition	Full administration
PR appointed	No	No	No — unless a claim is filed	No	Yes
Must qualify under §733.304	Not applicable	Not applicable	No appointment needed	Not applicable	Yes — the sticking point
What you file	Authenticated letters, with the payer or the clerk	Authenticated copies of the will, the petition for probate, and the order admitting it	Authenticated transcript of the foreign proceedings showing the will and beneficiaries	Verified petition	Petition for ancillary administration
What you get	Payment, delivery, or a recordable satisfaction	Will recorded; title passes as if probated here	Will admitted; claims barred per §733.702	An order distributing the Florida property	Ancillary letters, then administration

Two things about this table are worth saying out loud.

The §733.304 problem exists in one column only. Four of these five routes appoint nobody, so the question of whether the executor named in the will can serve in Florida never arises. If the estate fits any of the first four, the obstacle that stops most out-of-state families simply is not there.

The 2026 change made the gap between the routes strange. Chapter 2026-57 raised the §735.201 ceiling to $150,000 but left §734.1025 alone at $50,000. The two used to sit closer together. As of July 2026 ancillary summary administration is materially more useful for nonresident estates than the §734.1025 short cut, and it does not require a will. If someone quotes you the $50,000 figure as though it were the only shortcut available, they are working from an incomplete picture.

Two further details on §734.1025 that are easy to get wrong. The $50,000 is gross value at the date of death — not net, and not today’s value. And the route is not immune to creditors: if any claim is filed, a personal representative must be appointed under the Florida Probate Rules, and you are back in an administration. Florida Probate Rule 5.475 governs the filing.

Wills executed in another state, and the holographic trap

A will made in another state or another country generally works here. Under §732.502(2), a will “executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed.”

Then comes the exception, and it catches people every year. That provision reads “any will, other than a holographic or nuncupative will.”

A holographic will is one written and signed by the testator without the witnesses Florida requires. A nuncupative will is an oral one. Several US states recognise holographic wills. So do several Canadian provinces — Quebec, and the prairie provinces among them. Florida does not honour any of them, even when they are unquestionably valid where they were made.

If the Florida property is governed by a handwritten will from a jurisdiction that permits them, Florida will treat the estate as intestate as to that property, and it will pass under Florida’s intestate succession statute — which may be to nobody the will mentions.

Where there is a will, the original has to reach the Florida clerk, and the foreign proceedings usually need to arrive as an authenticated (exemplified) copy, not a plain photocopy. Florida Probate Rule 5.215 allows an authenticated copy of a will to be admitted where the original could have been, and 28 U.S.C. §1738 is why a properly authenticated record from another state’s court gets full faith and credit here.

There is one more step people do not expect. Under §733.201, a self-proved will — one carrying the notarised affidavit of the testator and the witnesses — is admitted without further proof. A will that is not self-proved requires the oath of an attesting witness, taken before a judge, commissioner or clerk. Where the witnesses cannot be found, have become incapacitated, or cannot be reached within a reasonable time, the will may be admitted on the oath of the nominated personal representative or a disinterested person. Older out-of-state wills are frequently not self-proved, and tracking down a witness to a will signed in 1994 is its own project. Check for the self-proving affidavit early.

Probate in the home state does not settle whether the will is valid here

Families are frequently told that because the will was admitted to probate in New York or Ohio, its validity is closed. As to the Florida property, that is not so.

In In re Roberg’s Estate, 396 So. 2d 235 (Fla. 2d DCA 1981), the Second District reversed an order admitting a New York-probated will to Florida ancillary administration, holding that the New York probate did not bar a party from contesting the will’s validity for the purpose of disposing of Florida real property, where the contest was raised as a responsive challenge in the Florida ancillary proceeding.

The window is short and procedural. If you have grounds to challenge a will as it affects Florida land, the ancillary case is where you raise them, and you raise them when the petition is served — not after the order is entered.

Section 734.104: recording a foreign will to clear title without a Florida case

There is a route to clear title to Florida real property that involves no administration of any kind, and almost nobody writes about it.

Section 734.104 allows an authenticated copy of a nonresident’s will that devises Florida real property to be admitted to record in the county where the property sits. Once it is recorded, the will is as valid and effectual to pass title to the Florida land as if it had been admitted to probate here.

The gate is timing plus three things that must all be true.

The timing: at any time more than two years after the death, or at any time after the domiciliary personal representative has been discharged — whichever comes first.

The rest:

• No Florida administration proceeding has been commenced;
• The will was executed as chapter 732 requires — so the holographic problem above still bites; and
• The will has already been admitted to probate in the proper court of another state, territory or country.

The petition may be filed by any person, and it goes in with authenticated copies of the will, the petition for probate, and the order admitting the will to probate in the home jurisdiction.

Read that against the case this page keeps coming back to. A parent died in Michigan in 2019. Nobody dealt with the Florida house. The family kept paying the taxes and now a buyer wants clean title. That family has been told, more than once, that they need a summary administration under the two-year branch of §735.201. They may not. If the will was properly executed and was admitted to probate in Michigan, and no Florida case was ever opened, §734.104 will usually put title where it belongs faster and for less.

It is not universal. It requires a will — an intestate estate cannot use it. It requires that the home-state probate actually happened. And where creditors, a sale under contract, or a dispute among beneficiaries are in the picture, an administration with a personal representative who can act is worth what it costs.

But it should be the first question asked about any Florida property where the death was more than two years ago, and it is almost never the first question asked.

Ancillary probate in Florida for Canadian and other foreign estates

Southwest Florida — Fort Myers, Cape Coral, Naples, Bonita Springs — along with Broward and Palm Beach, holds an enormous amount of property owned by Canadians and by nationals of other countries. When those owners die, the estate is administered at home and the Florida property still needs a Florida order.

The procedure is the same one described above. Five points come up in nearly every one of these files.

The Canadian executor usually cannot be appointed here. Section 733.304 makes no exception for foreign nationals, but it makes none against them either — the test is relationship, not citizenship or residence abroad. A Canadian son or daughter of the decedent qualifies. A Canadian estate trustee who is a family friend, a solicitor, or a trust company does not.

A holographic will made in a province that allows them is not valid here. See the section above. This is the most frequent unpleasant surprise in Canadian files.

The trust done at home may not work here. This is the one that costs Canadian families the most. In Girard v. Tremblay, 384 So. 2d 39 (Fla. 3d DCA 1980), the Third District held that a Canadian trust agreement that did not comply with Florida’s statutory requirements for conveying interests in real property was ineffective to create any rights in Florida real property. A family who believes the Fort Myers condo is safely in the family trust because a lawyer in Ontario put it there may still be facing ancillary administration. Have the deed and the trust instrument read by someone who conveys Florida land for a living — and have it done while the owner is alive, when it is a fifteen-minute fix.

The vacation property is almost never protected homestead, so its full value counts toward the $150,000 test — but at $150,000 rather than $75,000, a large share of Canadian-owned condos now clear it.

Estate tax is a separate question from probate, and a real one. A non-US-citizen, non-domiciliary decedent’s US-situs assets get a much smaller federal estate tax exclusion than a US person’s, and Florida real estate is US-situs property. That is a tax matter, not a probate matter, and it is covered on our page on ancillary administration and non-citizen estate tax. Do not let a clean probate plan proceed without someone having looked at it.

Estates from Latin America and Spain

The same statutes apply, and one point comes up constantly in Venezuelan, Colombian, Argentine and Spanish files: a foreign court’s determination of who the heirs are does not appoint anybody in Florida.

In Piloto v. Lauria, the Fourth District dealt with a Venezuelan decedent’s Florida estate. The children argued that a Venezuelan judgment identifying the heirs gave them authority to choose the ancillary personal representative. The court disagreed. The Venezuelan judgment neither appointed a personal representative nor addressed the ancillary administration, so Florida law controlled — and under Florida’s preference order the surviving spouse had priority.

If you are holding a declaratoria de únicos y universales herederos, a Spanish declaración de herederos, or a Brazilian inventário order, treat it as evidence of who the beneficiaries are. It is not a Florida appointment, and it does not decide who gets the letters here.

How do you file ancillary probate in Florida, step by step?

Ancillary administration is “commenced as provided by the Florida Probate Rules” under §734.102(2). In outline:

1. Confirm the decedent was a nonresident. Domicile decides whether this is an ancillary case or an ordinary Florida probate.
2. Establish where to file. Venue is the county where the Florida property is located, and the procedure is governed by Florida Probate Rule 5.470. If the decedent owned property in more than one county, that is a decision to make deliberately rather than by default.
3. Determine which of the five routes applies — §734.101, §734.104, §734.1025, ancillary summary administration, or formal ancillary administration. This depends on the Florida-only value, whether there is a will, and how long ago the death occurred.
4. Confirm who can serve. Run the §733.304 test on the named executor before drafting anything. If they do not qualify, identify the alternate in the will, or the majority interest holders who will select someone.
5. Obtain authenticated copies of the foreign proceedings — the will as admitted, the order appointing the domiciliary personal representative, and the letters. Plain copies are routinely rejected. Order these first; they are usually the slowest step.
6. File the petition for ancillary administration, with a certified copy of the death certificate and the authenticated transcript. The petition must describe the Florida property accurately.
7. Give notice. The domiciliary personal representative gets prior notice where someone else seeks the letters, and interested persons are noticed under the rules.
8. Post bond and take out ancillary letters, in a formal administration. Section 734.102(4) requires the ancillary personal representative to give bond as personal representatives generally do, which routes you to §733.402 and the court’s power to dispense with or reduce it. Ask early — a bond premium on a mortgaged condo is a real number.
9. Serve and publish notice to creditors. Section 734.102(5) requires it — see below.
10. Deal with the property — sell, transfer, or hold — using the powers in §734.102(7).
11. Close. A formal ancillary administration closes the way any Florida administration does — notice of administration to interested persons, a verified inventory, a final accounting, and a petition for discharge under §733.901. Under §734.102(6), after administration expenses and claims are paid, the court may order the remaining property transferred to the domiciliary personal representative or distributed to the beneficiaries directly. The ancillary estate pays its own way first: in Lehman v. Lucom, 78 So. 3d 592 (Fla. 4th DCA 2011), an ancillary personal representative was held to have breached his fiduciary duty by using Florida ancillary estate funds to finance litigation in Panama over the domiciliary estate.

Everything after step 4 is mechanical. Steps 3 and 4 are where cases are won or lost.

Florida ancillary probate checklist: what to gather before you file

• Certified copy of the death certificate.
• Authenticated (exemplified) copies of the foreign probate: the will as admitted, the order of appointment, and the letters.
• The original will, where Florida is the first court to see it.
• The recorded deed to the Florida property — take the legal description from the deed, never from the tax bill.
• The property’s date-of-death value, and the value of any other Florida asset.
• Whether the property is subject to a mortgage, HOA or condominium assessments, or a code lien.
• Names, addresses and relationships of the surviving spouse and every beneficiary — and, for the §733.304 test, the exact relationship of the proposed personal representative to the decedent.
• Known Florida creditors, and the diligent search made to find unknown ones.
• Whether anyone has been paying the taxes, insurance or association dues since the death and expects reimbursement.
• Whether the plan is to sell. Say so at the start; it shapes how the petition is drafted.

Your attorney prepares the rest of the packet: the petition for ancillary administration, the oath of personal representative, the designation of resident agent and acceptance, an affidavit of heirs where the estate is intestate, and — in some circuits — an affidavit regarding criminal history. Circuits differ on what they add. Get the checklist for the county where the property sits before drafting.

Creditor notice in Florida ancillary administration

Section 734.102(5) is direct. The ancillary personal representative shall cause a notice to creditors to be served and published according to the requirements of chapter 733. Unlike summary administration for a resident estate, where publication is optional, this is not a choice in a formal ancillary administration.

Two mechanics that get missed. Section 733.2121 requires publication once a week for two consecutive weeks in a newspaper in the county where the estate is administered — not a single insertion. And if the decedent was 55 or older, the personal representative must serve the notice and a death certificate on the Agency for Health Care Administration within three months of first publication, unless the agency has already filed a claim.

The reason to want publication anyway: it starts the clock. Under §733.702, a claim is barred unless filed by the later of three months after first publication of the notice to creditors, or 30 days after service on a creditor entitled to be served.

And §733.710 sets the outer boundary: two years after death, neither the estate, the personal representative, nor the beneficiaries are liable for claims against the decedent — with exceptions for claims already filed and for recorded mortgages and other liens, which survive regardless.

That last exception matters here more than in most estates. Ancillary cases are usually about real property, and a mortgage on that property is not cleared by the passage of time.

Clearing title to Florida property with an ancillary order

For most families this proceeding exists for one reason: nobody can sell the property.

The Florida order is what a title examiner reads. In a formal ancillary administration it is the ancillary letters plus a personal representative’s deed. In an ancillary summary administration it is the order of summary administration itself, doing the same work in a single instrument — moving title from the decedent to named people so that marketable title can pass to a buyer. Under §734.104 it is the recorded will.

Whether a sale needs a court order depends on the will. Under §733.613(2), where the will confers a power of sale, the personal representative may sell, mortgage or lease without court authorisation or confirmation. Under §733.613(1), where it does not, no title passes until the court authorises or confirms the sale. That is the difference between closing on schedule and closing six weeks late, and it is decided by a clause somebody wrote years ago.

Until one of those instruments is recorded, the death sits as a cloud on title and the chain of title stops at the decedent. No title underwriter will insure through it, which is why the buyer’s closing agent is often the first person to tell a family that a Florida case is needed at all.

All of which puts weight on the property description. Take the legal description from the recorded deed. An abbreviated or inaccurate description produces an order that does not cleanly convey, and the defect surfaces years later when someone tries to sell — at which point curing it costs several times what the administration did.

If you intend to sell the property, tell your attorney at the first meeting. A title agent will usually tell you exactly what they need to insure the transaction, and it is far cheaper to draft to that standard than to fix it afterwards.

How long does ancillary probate take in Florida?

An ancillary summary administration in a clean case runs weeks rather than months — commonly four to eight. A formal ancillary administration is generally comparable to a formal administration for a resident: commonly six months to a year, and longer where the creditor period, a contested claim, or a sale is involved. A §734.104 recording is the fastest of all, because there is nothing to administer.

The variables are the clerk’s queue in the county where you file, how quickly the home-state court produces authenticated copies (frequently the slowest single step), whether the personal representative question has to be resolved, and whether the property sells during administration.

How much does ancillary probate cost in Florida?

Most pages on this subject answer this with “it depends.” Here are the actual numbers.

Court costs

Probate filing fees in Florida are set statewide by §28.2401, Florida Statutes, not by the county. Clerks collect within a dollar or two of each other.

Filing	What clerks collect
Formal or ancillary administration — §28.2401(1)(g)	$400 – $401
Ancillary summary administration, estate $1,000 or more — (1)(e)	$345 – $346
Summary administration, estate under $1,000 — (1)(f)	$235 – $236
Petition to admit a foreign will to record under §734.104 — (1)(c)	$230 – $232
Disposition of personal property without administration — (1)(d)	$230 – $232
Caveat — (1)(b)	$40 – $42
Exemplified certificate — (1)(j)	$7

Miami-Dade, Broward, Palm Beach and Duval collect $401 for a formal or ancillary administration; Hillsborough, Orange, Lee and Collier collect $400.

Look at the fourth row again. Admitting a foreign will to record under §734.104 costs about $230. Opening an ancillary administration costs about $400 — before a single hour of legal work. And where §734.104 is available, the difference in court costs is the smallest part of the saving.

The other line items

Item	Typical
Publication of the notice to creditors (two insertions)	$75 – $150 on published flat rates in most counties; $250 – $400 in the large metros or for a long notice
Certified copies from the Florida clerk	$2 – $4 each — budget $20 – $40, because banks, brokers, the title agent and the DMV each want their own
Exemplification or authentication by the Florida clerk	$7 per document
Authenticated copies from the home-state court	Varies by state — order these early, they are the slowest step in the case
Recording a deed or order — §28.24(13)	$10 first page, $8.50 each additional. A two-page personal representative’s deed records for $18.50
Probate bond, where required	0.5% – 1% of the bond amount per year — roughly $5 to $10 per $1,000. Credit-impaired applicants pay more. The premium is an allowable expense of administration under §733.406

Documentary stamp tax on the distribution deed is generally not owed. Fla. Admin. Code R. 12B-4.014(4) provides that a deed given by a personal representative in accordance with the terms of the will is not taxable. The exception is where a beneficiary takes a greater share than the will entitles them to — that deed is taxable on the consideration given. And where the property passes still encumbered by a mortgage the beneficiary takes subject to, ask before assuming.

Attorney’s fees

Florida has a statutory fee schedule at §733.6171, which sets a presumptively reasonable fee for ordinary services based on the compensable value of the estate:

Compensable value of the estate	Presumed reasonable fee
$40,000 or less	$1,500
$40,000 to $70,000	plus $750
$70,000 to $100,000	plus $750
$100,000 to $1,000,000	3% of the amount over $100,000
$1,000,000 to $3,000,000	2.5%
$3,000,000 to $5,000,000	2%
$5,000,000 to $10,000,000	1.5%
Over $10,000,000	1%

On a $400,000 Florida condominium that computes to $12,000.

Three things about that schedule matter here.

It is a presumption, not a mandate. It applies where there is no written fee agreement, and either the personal representative or any interested person may petition the court for a different amount.

Ancillary administration is expressly listed in §733.6171(4) as an extraordinary service, for which further compensation may be allowed on top of the ordinary fee.

And it is measured on the Florida compensable value, not the worldwide estate — the same principle that runs through the $150,000 test.

Many ancillary matters are better handled on a flat fee, because the work is defined and the Florida-only value is often small relative to the estate. Published flat fees in this market run from roughly $2,450 for a short-form or summary ancillary administration to about $4,500, and from roughly $2,950 to $8,500 and up for a formal ancillary administration. Attorneys in this market report hourly rates between $250 and $450.

We will tell you which arrangement applies to your matter, in writing, before you commit to anything.

What actually moves the number

Not the size of the property. It is whether the paperwork from the home state arrives clean, whether there is a qualified person available to serve, and above all which of the five routes the estate qualifies for. A §734.104 recording and a formal ancillary administration on the same condominium are not two prices for the same work. They are different work.

A single unencumbered lot passing to one child is a modest matter. A mortgaged condominium with association arrears, four beneficiaries in three countries and a buyer under contract is not.

How do you avoid ancillary probate on Florida property?

Worth knowing for the family reading this after the fact, and worth acting on if you own Florida property and live elsewhere. Ancillary probate is avoidable, and the tools are ordinary:

1. A revocable living trust holding the Florida property. The trust owns it; there is nothing to probate here. This is the standard answer for out-of-state and foreign owners.
2. An enhanced life estate deed — a lady bird deed — which passes the property at death while the owner keeps full control during life.
3. Joint ownership with right of survivorship, where that suits the family. It has real drawbacks; it is not automatically the right choice.
4. Tenancy by the entirety, for married couples, which carries survivorship and creditor protection during the marriage.
5. Payable-on-death and transfer-on-death designations on Florida accounts.
6. Ownership through an LLC or other entity, where the property is genuinely an investment. An interest in a Florida limited liability company is personal property, which changes the analysis — though the membership interest itself still has to pass somehow.
7. Correct titling generally, reviewed whenever the family situation changes.

Where the property is already in a trust, the successor trustee conveys by trustee’s deed and establishes authority with a certification of trust under §736.1017, without having to hand the whole trust instrument to a title agent.

One honest caveat on the trust. Under §733.707(3), a revocable trust the decedent could revoke at death remains liable for the expenses of administration and the obligations of the estate to the extent the probate estate cannot pay them. The trust removes the proceeding. It does not, on its own, remove the creditors.

And there is a second reason to plan, beyond saving a proceeding. Doing it deliberately means choosing your own personal representative and confirming they can actually serve in Florida — rather than leaving your family to discover the §733.304 problem at the worst possible moment.

Where is ancillary probate filed in Florida?

Ancillary administration is filed in the circuit court of the county where the Florida property sits. We handle these across the state, and the concentrations are predictable: Miami-Dade, Broward and Palm Beach on the east coast; Lee and Collier — Fort Myers, Cape Coral, Naples and Bonita Springs on the southwest coast, where Canadian and midwestern ownership is heaviest; Sarasota and Manatee; Pinellas and Hillsborough around St. Petersburg and Tampa; Orange and Osceola around Orlando and Kissimmee; Charlotte, Martin and St. Lucie on the Treasure Coast; Duval around Jacksonville, and Volusia, to the north; and Monroe, for property in Key West and the Keys.

Circuits publish their own probate checklists on top of the statute, and they differ. Get the checklist for the circuit where the property is located before drafting — a packet published by one county’s clerk is a useful model, not a statewide form.

What chapter 2026-57 actually changed for out-of-state families

Every firm in Florida has now written about the $150,000 number. Almost none of them read the act. Here is what it does, and — just as importantly — what it does not.

What changed:

• §735.201 — summary administration ceiling raised from $75,000 to $150,000. Available to resident and nonresident estates alike.
• §735.304 — disposition without administration for small intestate estates, raised from $10,000 to $20,000.
• §655.936 — safe-deposit box and safekeeping delivery, including delivery to an out-of-state personal representative, revised.
• §734.101 — reenacted to carry through the §655.936 cross-reference. Its substance is unchanged.
• Personal representatives given authority to bring proceedings to enforce their authority under the Probate Code and recover costs and attorney’s fees.

What did not change:

• §734.1025 — still $50,000, still testate only. Untouched since 2003.
• §733.304 — the nonresident personal representative rule. Unchanged since 1979.
• §734.102 and §734.104 — the ancillary administration statutes themselves.
• §735.301 — not amended.

And there is no applicability clause. Section 14 of the act reads simply that it takes effect 1 July 2026. There is no transition provision and no date-of-death cutoff. An estate opened on or after 1 July 2026 gets the new ceiling regardless of when the person died.

Talk to a Florida ancillary probate attorney

If someone in your family died out of state or abroad and left property in Florida, three questions answer most of it: was the decedent actually a nonresident, does the estate fit one of the four routes that appoint nobody, and — if it does not — can your executor serve here at all.

All three can be answered in a short conversation, and all three change what the case costs.

Call (305) 224-6811 or send a message through the contact page. We handle ancillary administration for families and executors in other states and other countries, and there is no charge for working out which route your situation needs.

Florida ancillary probate FAQs

The basics

What is ancillary probate, and when is it required in Florida?

Ancillary probate is a second court proceeding opened when someone who lived in another state or country dies owning Florida real property, a mortgage or note on Florida property, or other credits here. The main probate happens where they lived; Florida still needs its own case, because only a Florida court can move Florida land.

What is the difference between ancillary probate and regular probate?

Regular — domiciliary, or primary — probate is opened where the person lived and covers the whole estate. Ancillary probate is a second, narrower Florida case reaching only the Florida assets, governed by §734.102 and run on procedures as similar to an original administration as possible.

Is ancillary probate the same as summary administration?

No. Ancillary describes whose estate it is — a nonresident’s. Summary administration describes how short the case is. You can have an ancillary summary administration, which is the two combined, and for many nonresident estates it is now the right route.

Can a will be probated in two states?

Yes, and it routinely is. The home state admits the will and administers the estate; Florida admits the same will in the ancillary case and deals only with the Florida property. The two run in sequence, because Florida needs authenticated copies of the completed home-state filings.

What happens if a non-resident dies without a will in Florida?

The ancillary case follows Florida’s intestate succession rules for the Florida property while the home state handles the rest, and the chapter 733 preference order decides who is appointed. Section 734.1025 and §734.104 both require a will, so an intestate estate is limited to summary or formal ancillary administration.

Which assets

What assets require ancillary probate in Florida?

Real property held individually or as tenants in common; a vacation home or deeded timeshare; a mortgage or note secured by Florida property; a Florida-titled vehicle, boat or mobile home; an interest in a Florida business; and Florida bank or brokerage accounts. Real property always needs a Florida order. Personal property often does not.

Do bank accounts or retirement assets require ancillary probate in Florida?

Often not. Under §734.101(4), a bank holding a nonresident decedent’s Florida account may pay the foreign personal representative 90 days after that representative’s appointment, absent written demand from a Florida-appointed representative. Retirement accounts with a named beneficiary pass outside probate entirely. A safe-deposit box follows §655.936 and its three-month rule.

Does a Florida timeshare require ancillary probate?

Usually yes if it is deeded, because a deeded timeshare interest is real property and only a Florida order moves it. A right-to-use or points contract is personal property and may be handled under §734.101 or through the resort’s own transfer process. Check the deed. Maintenance arrears follow the interest either way.

Does a car, boat or mobile home titled in Florida require ancillary probate?

Not always. These are personal property, so §734.101’s 90-day route often reaches them, and Florida’s motor vehicle and vessel title procedures have their own affidavit paths for small estates. A mobile home on owned land is different — the land is real property.

What if the only Florida asset is a small bank account?

Then you very likely do not need a case. Section 734.101(4) lets the bank release it to the foreign personal representative 90 days after appointment. Where there is no foreign appointment at all, §735.304 disposition without administration may reach it — that threshold rose to $20,000 on 1 July 2026.

Who can serve

Can the out-of-state executor serve as personal representative in Florida?

Frequently not. Section 734.102(1) entitles the foreign personal representative to ancillary letters only “if qualified to act in Florida,” and §733.304 lets a nonresident serve only if they are an adopted child or adoptive parent, related by lineal consanguinity, a spouse, brother, sister, uncle, aunt, nephew or niece — or the spouse of a qualified person.

Can a bank or trust company serve as ancillary personal representative?

Only a Florida-authorised fiduciary. Section 733.304 restricts nonresident individuals to close family, and an out-of-state trust company or an unrelated professional fiduciary named in the will cannot be appointed here. The fallback under §734.102(1) is a qualified alternate in the will, or someone selected by those holding the majority interest.

Does the ancillary personal representative have to post a bond?

Section 734.102(4) requires bond as personal representatives generally give it, which brings in §733.402 and the court’s discretion to dispense with or reduce it. Courts often will, particularly where the beneficiaries consent and no sale is planned. Raise it in the petition rather than after the premium is quoted.

What is a resident agent and do I need one?

A resident agent is a Florida person or firm designated to accept service on behalf of the personal representative. It is required under the Florida Probate Rules, is routinely the estate’s Florida attorney, and is filed with the petition. It does not solve the §733.304 qualification problem — a resident agent is not a personal representative.

Can two co-executors both serve as personal representative in Florida?

Only if each of them independently qualifies. Florida can issue ancillary letters to co-personal representatives, but §733.304 is applied person by person — a qualifying daughter and a non-qualifying family friend named as co-executors in the home-state will means the daughter can serve here and the friend cannot. The will’s pairing does not carry over.

Can foreign nationals or Canadian citizens complete ancillary probate in Florida?

Yes. Section 733.304 tests relationship, not citizenship — a Canadian son or daughter of the decedent can be appointed; a Canadian estate trustee who is a friend, solicitor or trust company cannot. A holographic will valid at home is not valid here, and the vacation property is generally not protected homestead.

If you live out of state

I live in New York and my father died owning a condo in Florida. Do I need ancillary probate?

Almost certainly, if the condo was in his name alone. A New York order does not move Florida land. On who can serve: as his child you are related by lineal consanguinity, so §733.304 lets you be appointed. An unrelated New York executor could not be.

I live in New Jersey and inherited a Florida condo. What do I do next?

Establish how title was held. If it was his alone, you need a Florida route — and if the death was more than two years ago and there is a probated will, §734.104 may clear title with no administration at all. Order authenticated copies from the New Jersey surrogate first; they take the longest.

I live in Texas. Can a Texas executor also serve as Florida personal representative?

Only if related to the decedent. Section 733.304 lets a nonresident serve only as an adopted child or adoptive parent, a lineal relative, a spouse, sibling, uncle, aunt, nephew or niece, or the spouse of one of those. A Texas executor who is a friend, partner or professional cannot be appointed here regardless of the will.

I live in Ohio and my mother died owning Florida land. How does this work?

The Ohio probate court handles the estate; Florida handles the land. You will need authenticated copies of the Ohio will as admitted, the appointment order and the letters. As her child you qualify under §733.304. Which Florida route applies depends on the land’s value and how long ago she died.

I live in Michigan or Illinois and my parent died owning Florida real estate.

Same structure. The Michigan or Illinois case is the domiciliary probate; Florida is the ancillary one. As a child of the decedent you can serve here. If the death was more than two years ago, ask about §734.104 and about the §735.201 two-year route before anyone files a formal administration.

I live in California and my parent died owning a Florida home. Can I handle this from California?

Yes, and you do not need to travel. The California probate is the domiciliary case; Florida handles the home through a Florida attorney appearing for the estate. As a child of the decedent you qualify under §733.304. Order authenticated copies from the California court early — the three-hour time difference is the least of the delay.

I live in Pennsylvania, Massachusetts, Georgia or Connecticut. Does any of this change?

No. Section 733.304 does not distinguish among states — it asks only how you are related to the decedent. A child, grandchild, parent, sibling, spouse, niece, nephew, aunt or uncle qualifies from any state. Anyone outside those categories does not, from any state.

Do I have to travel to Florida to handle ancillary probate?

No. Ancillary probate is handled by a Florida attorney appearing for the estate. Documents are signed remotely and filed through the court’s e-portal, and in most ancillary cases there is no hearing anyone needs to attend. We routinely handle these for families who have never set foot in the county.

Process and documents

Do I need ancillary probate if the will was already probated in another state?

Usually yes, if the Florida asset is real property — the other state’s order does not transfer Florida land. What the completed home-state case gives you is the paperwork Florida needs: authenticated copies of the will as admitted, the order of appointment, and the letters. If the death was more than two years ago, §734.104 may be enough on its own.

How do I file ancillary probate in Florida from another state?

File in the circuit court of the county where the property is located, through a Florida attorney. Confirm whether the named executor qualifies under §733.304; decide among the five routes; obtain authenticated copies from the home-state court; then file the petition with the death certificate and the transcript. The authenticated copies are the long pole — request them early.

What documents are required for Florida ancillary probate?

A certified death certificate; authenticated copies of the foreign probate including the will as admitted, the order of appointment and the letters; the original will where Florida sees it first; the recorded deed with the legal description taken from the deed itself; date-of-death values; and the names, addresses and relationships of the surviving spouse and beneficiaries.

What is an authenticated or exemplified copy, and how do I get one?

It is a certified copy of the foreign court record with the clerk’s certificate and the judge’s certificate attached, so a Florida court can accept it. You order it from the clerk of the home-state probate court. Plain photocopies are routinely rejected, and this is usually the slowest step in the case.

Does a foreign will need an apostille and a certified translation?

For a will probated in another country, generally yes — an apostille under the Hague Convention where the country is a member, consular legalisation where it is not, plus a certified English translation. Requirements vary by circuit. Ask the clerk in the county where the property sits before paying for anything.

Do I need a Florida attorney, or can I file it myself?

Generally you need one. Florida Probate Rule 5.030 requires representation unless the personal representative remains the sole interested person, and formal ancillary administration involves an appointment. A §734.104 recording is narrower but still requires the petition and the authenticated copies to be right.

My parent’s out-of-state will was not self-proved. Does that matter?

Yes. Under §733.201, a self-proved will is admitted without further proof; one that is not requires the oath of an attesting witness before a judge, commissioner or clerk. If the witnesses cannot be found or reached in reasonable time, the oath of the nominated personal representative or a disinterested person will do. Older wills often lack the self-proving affidavit — check early.

What if the decedent owned property in three states?

Then there are three cases: the domiciliary probate where they lived, and an ancillary proceeding in each other state where real property sits. Each state applies its own rules — Florida’s §733.304 qualification bar has no counterpart in most states, so the executor who serves in the other two may not be able to serve here.

Is there a hearing in a Florida ancillary probate?

Usually not. Most ancillary matters are decided on the papers, and in an ancillary summary administration or a §734.104 recording there is typically nothing to attend at all. A hearing becomes likely only where a claim is contested, the appointment is disputed, or a sale needs court confirmation under §733.613(1).

Can ancillary probate be expedited?

Somewhat, and rarely by pushing the court. The lever is route selection and preparation: choosing the shortest route the estate qualifies for, ordering the authenticated copies the day the route is decided, and filing a petition that does not draw a clerk’s deficiency notice. A court will expedite for a genuine emergency — a closing already under contract, a property in code enforcement — on motion.

Who pays for ancillary probate, the estate or the heirs?

The estate, ordinarily. Costs and fees are expenses of administration paid from the Florida assets before distribution. Where there is no cash in the Florida estate — which is common when the only asset is a house — someone advances the costs and is reimbursed at closing or from the sale. Document every advance as it is made.

What if there is no money in the estate to pay for it?

It still gets done, and usually out of the sale. Where the only Florida asset is real property with no liquidity, the costs are typically advanced and recovered at closing. Tell your attorney at the outset if that is the situation — it changes how the matter is structured and what the fee arrangement should look like.

What if the decedent owned property in more than one Florida county?

One ancillary case can reach all of it, but venue has to be chosen deliberately — the county where any of the property is located. The choice affects the clerk’s queue, local filing practice and the recording of the eventual order. Decide it at the petition stage rather than by default.

How are the attorney’s fees calculated in an ancillary case?

Section 733.6171 sets a presumptively reasonable fee — $1,500 on the first $40,000, rising to 3% on value between $100,000 and $1 million. It is a presumption, not a mandate, and applies where there is no written fee agreement. Section 733.6171(4) expressly lists ancillary administration as an extraordinary service. Many ancillary matters are better handled on a flat fee.

Property, title and aftermath

Can you sell Florida property before ancillary probate is finished?

Yes, and how fast depends on the will. Under §733.613(2), where the will confers a power of sale, the personal representative may sell without court authorisation or confirmation. Under §733.613(1), where it does not, no title passes until the court authorises or confirms the sale. Say at the first meeting that a sale is planned.

Who pays the taxes, insurance and HOA dues during ancillary probate?

Somebody has to, and it is usually a family member out of pocket. Those advances are ordinarily reimbursable as expenses of administration, but only if documented as they are made. Keep receipts from day one and tell your attorney who has been paying — it belongs in the accounting, not in a conversation at the end.

What if there is a mortgage on the Florida property?

It survives. Section 733.710 bars claims against the estate two years after death, but it expressly excepts the lien of a duly recorded mortgage or security interest and the right to foreclose it. Time does not clear a mortgage. A reverse mortgage usually becomes due on the last borrower’s death and runs on its own timetable.

The will was already probated in Ohio. Can it still be contested in Florida?

As to the Florida property, yes. In In re Roberg’s Estate the Second District held that probate in New York did not bar a challenge to the will’s validity in the Florida ancillary proceeding for purposes of disposing of Florida real property. The challenge is raised in response to the ancillary petition, so the timing is short.

Does the surviving spouse have rights in the Florida ancillary estate?

Potentially significant ones. Florida’s elective share, exempt property and family allowance provisions are part of chapter 732 and are not displaced because the decedent lived elsewhere. A spouse disinherited under a New York or Ontario will may still have a claim against the Florida property. The deadlines are short — raise it at the first meeting, not after the order.

Does a UK grant of probate get resealed in Florida?

No. Florida has no resealing procedure — there is no equivalent of the Commonwealth resealing practice. A British executor takes an authenticated copy of the grant and the will and uses it to support a Florida ancillary petition, a §734.104 recording, or the §734.101 route. And §733.304 still applies: a UK solicitor or professional executor who is not related to the decedent cannot be appointed here.

Does Florida homestead protection apply if my parents only spent winters there?

Generally not. Protected homestead depends on the property being the residence of the owner or the owner’s family, so a vacation condo usually does not qualify and its full value counts toward the $150,000 ceiling. But it is fact-intensive — in Grisolia v. Pfeffer protection was upheld where the owner’s family resided on the property.

What happens if we do not do ancillary probate on the Florida property?

Nothing, until someone needs to do something with it. Title stays in the decedent’s name, so the property cannot be sold, refinanced or insured in anyone else’s name, while taxes, insurance and association dues keep running. It also gets harder: witnesses and documents scatter, heirs die or become difficult to locate, and liens accumulate.

How do I transfer title after ancillary probate is complete?

In a formal ancillary administration, the ancillary personal representative conveys by personal representative’s deed under the authority of the letters, recorded in the county where the property sits. In an ancillary summary administration the order of summary administration does the work itself. Either way a title agent should review the description before recording.

How much does ancillary probate cost in Florida?

Court costs are $400 to $401 to open an ancillary administration, $345 to $346 for ancillary summary administration, and about $230 to admit a foreign will to record under §734.104. Add $75 to $150 publication, certified copies, recording at $10 for the first page, and bond where required. Attorney’s fees run flat — roughly $2,450 to $8,500 depending on the route — or under the §733.6171 schedule.

How long does ancillary probate take in Florida?

An ancillary summary administration usually takes four to eight weeks. A formal ancillary administration commonly runs six months to a year, longer if a claim is contested or the property sells during administration. A §734.104 recording is faster still. The most common delay is waiting on authenticated copies from the home-state court.

Tax

Will we owe US estate tax on the Florida property?

Possibly, and it is separate from probate. Florida real estate is US-situs property, and a decedent who was neither a US citizen nor domiciled here receives a far smaller federal exclusion than a US person. The return is Form 706-NA. This needs its own review by someone who does cross-border estate tax; a clean probate plan does not make the tax question go away.

What is a transfer certificate, and do we need one?

For a non-citizen, non-domiciliary decedent, US institutions frequently will not release assets until the IRS issues a transfer certificate (Form 5173), confirming the federal estate tax has been satisfied or that none is due. It takes months. If the estate is likely to need one, start it in parallel with the Florida case rather than after it.

Will we owe capital gains tax when we sell the Florida property?

Usually far less than families expect. Inherited property generally receives a step-up in basis to its date-of-death value, so the taxable gain is measured from that value rather than from what the decedent paid. A condo bought for $90,000 in 1998 and worth $400,000 at death that sells for $410,000 produces gain on roughly $10,000, not $320,000.

Will the closing withhold taxes if the heirs are not US persons?

Likely yes. FIRPTA requires withholding on the sale of US real property by a foreign person — the withholding is taken at closing and credited against the actual tax when the return is filed. A Form 8288-B application can reduce or eliminate it in advance where the real tax is smaller. Raise this with the closing agent before the contract, not at the table.