When Out-of-State Property Owners Pass Away
Many people from around the country own second homes or investment properties in Florida — especially in Martin, St. Lucie, and Palm Beach Counties.
If a non-Florida resident passes away while owning property here, their estate will often need a separate Florida probate proceeding to legally transfer that property to heirs.
This process is known as ancillary probate, and it’s governed by Fla. Stat. § 734.102.
At Clause Law Group, we regularly handle ancillary probate for out-of-state families so they don’t have to travel to Florida or navigate the system alone.
What Is Ancillary Probate?
Ancillary probate is a limited probate proceeding in the state where the decedent owned property but did not reside.
For example:
- A New York resident who owns a vacation condo in Stuart;
- A Pennsylvania resident with investment property in Port St. Lucie;
- An Illinois resident holding Florida land in their sole name.
The main estate is handled in the decedent’s home state (called the domiciliary estate), while the Florida court oversees only the transfer of Florida-based assets — such as real estate or tangible personal property located here.
When Ancillary Probate Is Required
Ancillary probate becomes necessary when:
- The decedent owned real estate in Florida titled solely in their name;
- The property was not owned in a trust, not jointly titled, and lacked a transfer-on-death designation;
- The property is not otherwise exempt as homestead; or
- A will exists that must be recognized under Florida law to pass title.
If none of these apply — for example, if the property was titled in a revocable trust or under a Lady Bird Deed — ancillary probate may not be needed.
The Legal Framework: Fla. Stat. § 734.102
Florida’s ancillary probate statute provides that:
- The foreign personal representative (executor from the home state) may petition for ancillary administration.
- The Florida court can admit the authenticated copy of the foreign will and probate order from the domiciliary state.
- The court then appoints a Florida ancillary personal representative to handle the local property.
- After debts and taxes (if any) are satisfied, the court authorizes transfer or sale of the property to heirs or beneficiaries.
Clause Law Group manages each of these steps from start to finish, coordinating directly with the domiciliary estate’s attorney if needed.
Types of Ancillary Probate
| Type | When It Applies | Typical Duration |
|---|---|---|
| Summary Ancillary Administration | Estate value ≤ $75,000 or death occurred more than 2 years ago | 2–4 months |
| Formal Ancillary Administration | Estate value > $75,000 or recent death (< 2 years) | 6–12 months |
In most cases, families qualify for summary ancillary administration, which is quicker and less expensive.
Documents Required for Ancillary Probate
To begin the process, you’ll typically need:
- Certified death certificate;
- Authenticated copies of the will and probate order from the home state;
- Property deed or legal description;
- List of known creditors (if any);
- Contact information for beneficiaries or heirs.
Our firm prepares all necessary petitions, notices, and proposed orders for filing with the appropriate circuit court.
Out-of-State Families: No Travel Needed
Most ancillary probates can be completed entirely remotely.
Clause Law Group handles:
- All Florida court filings and correspondence;
- Coordination with title companies for property sales or transfers;
- Preparation of homestead determinations, if applicable;
- Electronic signatures and notarization for nonresident clients.
We ensure your Florida property transfers smoothly without requiring travel or court appearances.
How to Avoid Ancillary Probate in the Future
If you own Florida real estate but live elsewhere, you can avoid future ancillary probate by:
- Titling property in a revocable living trust;
- Executing a Lady Bird Deed;
- Adding a joint owner with right of survivorship (where appropriate).
These strategies allow property to transfer automatically upon death without any separate Florida proceeding.
Final Thoughts
Ancillary probate may sound complicated, but it’s simply Florida’s way of ensuring property is legally transferred when the owner lived elsewhere.
Handled correctly, it’s a straightforward process — and often faster than people expect.
At Clause Law Group, we’ve helped families across the U.S. finalize Florida property transfers quickly, cost-effectively, and entirely online.
Whether your loved one owned a vacation condo, investment property, or homestead, our team ensures every legal requirement is met with care and precision.
