In short: When someone who lived outside Florida dies owning Florida real estate or other Florida assets, a Florida ancillary administration is usually needed (§ 734.102). A nonresident can serve as personal representative only if closely related to the decedent (§ 733.304). Testate estates with Florida property up to $50,000 may qualify for a short-form ancillary proceeding (§ 734.1025).
Florida is full of property owned by people who don’t live here: snowbirds, foreign buyers, families in other states who inherited a condo. When the owner dies, the home-state probate doesn’t transfer Florida real estate. A Florida court does.
What Ancillary Administration Is
"If a nonresident of this state dies leaving assets in this state, credits due from residents in this state, or liens on property in this state, a personal representative specifically designated in the decedent’s will to administer the Florida property shall be entitled to have ancillary letters issued, if qualified to act in Florida." (§ 734.102(1))
If the will doesn’t name someone for Florida, the foreign personal representative is entitled to letters, if qualified.
Who Can Serve
A nonresident can’t serve as a Florida personal representative unless they are related to the decedent in a way the statute allows: an adopted child or adoptive parent, a lineal relative, a spouse, a brother, sister, uncle, aunt, nephew, or niece (or someone lineally related to one of them), or the spouse of a qualified person (§ 733.304). A trusted family friend in another state usually can’t qualify.
The Short Form for Small Estates
If a nonresident died with a will and the Florida property’s gross value doesn’t exceed $50,000, the foreign personal representative may, within 2 years after death, file an authenticated transcript of the foreign proceedings in the county where the property is located, and the court will admit the will if it meets Florida’s execution rules (§ 734.1025).
Foreign Wills
A will signed by a nonresident is valid in Florida if it was valid where it was signed, except for holographic (handwritten, unwitnessed) and nuncupative (oral) wills (§ 732.502(2)).
Jurisdiction Over Foreign Representatives and Trustees
A foreign personal representative submits to Florida jurisdiction in proceedings about the estate by filing the foreign proceedings here, collecting Florida assets, or acting here as a personal representative (§ 734.201).
Out-of-state trustees can be pulled into Florida courts too. Section 736.0202 lists acts that submit a trustee or beneficiary to Florida jurisdiction, including serving as trustee of a trust created by a Florida resident or administered here, or committing a breach of trust in Florida. Whether a particular trustee is reachable is a frequent fight, as the arguments below show.
International Estates
When the decedent lived abroad, foreign inheritance law may decide who the heirs are while Florida procedure controls how Florida property is administered. Expect translations, apostilles, and expert testimony on foreign law, and expect it to take longer.
Watch: the videos behind this article
International Probate — UAE Estate & Florida Court Clash Over Inheritance Law
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments over jurisdiction and forum in estate and trust cases, posted on the channel. An argument is not a ruling: read the written opinion before relying on any outcome.
Sued as a Foreign Estate’s Representative: Does § 734.201 Reach Him With No Ancillary Case?
Michigan Trustee vs. Florida Courts — Non-Resident Trustee Jurisdiction | 24-0245 | FL DCA
Dismissed for No Personal Jurisdiction: Does § 48.193 Reach a Trust’s Florida Business?
A Charitable Remainder Unitrust With a New Jersey Venue Clause — Which Court?
Trust Property Sold, Notice Sent, Case Moved to Volusia — Forum Non Conveniens Inside Florida
Go Deeper
- The Florida Probate Process Step by Step
- Florida Summary Administration Now Covers Estates Up to $150,000
- Can You Transfer Property in Florida Without Probate? The Real Legal Options
Frequently Asked Questions
What is ancillary administration in Florida?
A Florida probate proceeding for a nonresident decedent who left assets in Florida, usually real estate. It runs alongside the main (domiciliary) probate in the decedent’s home state or country (§ 734.102).
Can a nonresident be a personal representative in Florida?
Only if related to the decedent as § 733.304 allows: an adopted child or adoptive parent, a lineal relative, a spouse, sibling, uncle, aunt, nephew, or niece (or someone lineally related to them), or the spouse of a qualified person.
Is there a simplified ancillary probate for small Florida estates?
Yes. If the nonresident died with a will and the Florida property’s gross value doesn’t exceed $50,000, the foreign personal representative may use the short-form procedure in § 734.1025 within 2 years after death.
Is an out-of-state will valid in Florida?
Yes, if it was valid where it was signed, except holographic and nuncupative wills (§ 732.502(2)).
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, and will disputes from St. Petersburg. If you need a Florida probate lawyer for an ancillary or out-of-state estate, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
