Florida Ancillary Administration

For Out-of-State Estates

When someone who lived outside Florida dies owning property here, a separate Florida probate proceeding may be required before that property can be sold or transferred.

Your Loved One Lived Outside Florida

but Owned Property Here

Discovering that a separate Florida probate case is required can come as an unwelcome surprise, especially when your family is already handling an estate in another state.



If your parent, spouse, or other loved one lived outside Florida but owned a home, condominium, vacant land, or certain other property here, the probate proceeding in their home state may not be enough to transfer that Florida property.

Instead, a separate proceeding called ancillary administration may be required. It works alongside the primary probate case and gives a Florida court authority to transfer ownership, clear title for a sale, or distribute the property to the appropriate heirs or beneficiaries.

Most ancillary administration matters can be handled remotely with the guidance of a Florida probate attorney.

What Is Ancillary Administration in Florida?

Ancillary administration is a secondary probate proceeding for someone who lived outside Florida but died owning real estate or certain tangible personal property located in the state.

The process is governed by Chapter 734 of the Florida Statutes.

Even when probate has already been opened in the decedent’s home state, that court generally does not have authority to transfer title to Florida real estate. A Florida probate proceeding is therefore needed to address the property located here.

Ancillary administration is commonly required when a nonresident dies owning:

• A Florida home or condominium
• Vacation or seasonal property
• Vacant land
• Rental or investment property
• Certain tangible personal property located in Florida
  
  

Until the appropriate Florida probate process is completed, the property may not be able to be sold, refinanced, or formally transferred to heirs or beneficiaries.

Who May Need a Florida Ancillary Probate Attorney?

Many families first learn about ancillary administration after probate has already begun in another state.

You may need help with Florida ancillary administration if:

• Your parent lived in another state but owned a Florida home or condominium
• An executor or personal representative has already been appointed elsewhere
• A title company has said probate is required before the property can be sold
• The Florida property needs to be transferred to heirs or beneficiaries
• You are coordinating with an attorney handling the primary estate
• You want to complete the Florida process without unnecessary travel

The Law Office of Robyn L. Lesser represents out-of-state families with probate matters involving Florida property.

The firm can coordinate with the attorney handling the primary estate when appropriate and manage the Florida court filings, creditor requirements, and property-related probate issues.

Consultations are available by phone, virtually, or in person at the Orlando office. Most straightforward ancillary administration matters can be handled without the family being physically present in Florida.

Can Florida Property Be Sold During Ancillary Administration?

In many cases, yes.

Florida property may be sold during the ancillary administration process if the personal representative has the necessary court authority and all applicable probate requirements are satisfied.

The exact steps depend on:

• The language of the will
• The authority granted to the personal representative
• Whether the property is being sold to pay estate obligations
• Whether the beneficiaries agree to the sale
• Whether any liens, creditor claims, or title issues exist
  
  

A Florida probate attorney can coordinate with the title company, real estate professionals, and the attorney handling the primary estate to help move the sale forward.

What Happens If There Is No Will?

Ancillary administration may still be required when someone dies without a will.

In that situation, the person is considered to have died intestate, and Florida law determines who inherits the Florida property.

Florida’s intestate succession rules may differ from the inheritance laws in the decedent’s home state. This can create additional questions when the decedent had a surviving spouse, children from a prior relationship, or other heirs.



A Florida ancillary administration attorney can help identify the proper beneficiaries and explain how Florida law applies to the property.

Your Loved One Lived Outside Florida

but Owned Property Here

Discovering that a separate Florida probate case is required can come as an unwelcome surprise, especially when your family is already handling an estate in another state.



If your parent, spouse, or other loved one lived outside Florida but owned a home, condominium, vacant land, or certain other property here, the probate proceeding in their home state may not be enough to transfer that Florida property.

Instead, a separate proceeding called ancillary administration may be required. It works alongside the primary probate case and gives a Florida court authority to transfer ownership, clear title for a sale, or distribute the property to the appropriate heirs or beneficiaries.

Most ancillary administration matters can be handled remotely with the guidance of a Florida probate attorney.

What If Probate Has Already Been Completed in Another State?

Completing probate in another state does not necessarily transfer title to Florida real estate.



Documents from the primary probate, including the will, death certificate, court orders, and appointment of the personal representative, may be used in the Florida proceeding. However, the Florida court must still establish authority over the property located within the state.

The Florida ancillary administration process allows the court to recognize the out-of-state estate documents and issue the orders needed to address the Florida property.

What to Expect When You Contact the Firm

A member of the team will first gather basic information about the estate, the Florida property,

and any probate proceeding already underway.

You may be asked to provide documents such as:

• The death certificate
• The decedent’s will
• Court documents from the primary probate
• The deed or property information
• Contact information for the personal representative
• Information about heirs, beneficiaries, creditors, or pending property sales

If the matter falls within the firm’s practice areas, a consultation will be scheduled at $350 per hour.
Consultations are available by phone, virtually, or in person at the Orlando office.

The Law Office of Robyn L. Lesser handles ancillary administration matters involving property throughout Florida, including Orange County, Seminole County, Osceola County, Broward County, Miami-Dade County, Hillsborough County, Pinellas County, Lee County, Brevard County, and the Jacksonville area.