Inheritance in the United States – Legal Help for Foreign Heirs

If you inherited property, money, or other assets in the United States, request an initial case assessment. We can identify the likely Florida procedure, the court and documents involved, and the next practical steps. This page provides general information only; the correct strategy depends on the will, title records, the decedent’s residence, the assets and creditor issues.

What an overseas heir should establish first

1. Which assets actually require probate? Assets held solely in the decedent’s name commonly require court administration. Jointly held assets, beneficiary-designated accounts and trust assets may pass differently.
2. Which Florida county has jurisdiction? If the decedent lived in Florida, the case is generally filed where the decedent was domiciled. If the decedent lived abroad or in another state but owned Florida property, venue is commonly tied to the county where that property is located.
3. Which procedure may apply? Formal administration is the full court-supervised process. Summary administration may be available when the Florida probate estate, excluding qualifying exempt property, does not exceed $150,000, or when the decedent has been dead for more than two years. Ancillary administration addresses Florida assets owned by a nonresident decedent.
4. Who may serve as personal representative? Florida imposes qualification rules, including special restrictions for nonresidents. A foreign heir should not assume that any family member or overseas executor automatically qualifies.
5. What documents are available? Useful starting materials include the death certificate, original will and codicils, foreign probate orders or letters, deeds, account statements, asset locations and contact details for heirs. Authentication, certified translation or additional court documents may be required.

Inherited Florida real estate and U.S. tax issues

Florida real estate cannot always be sold or transferred simply by presenting a foreign inheritance certificate. The title, deed, probate authority, liens, homestead questions and the powers of the personal representative must be reviewed. A title company or closing attorney may require certified court documents before closing.

Tax analysis is separate from probate. For a decedent who was neither a U.S. citizen nor U.S.-domiciled, U.S.-situated assets can create federal estate-tax filing questions, including possible Form 706-NA. If a foreign owner or heir later sells U.S. real property, FIRPTA withholding may also apply. These rules are fact-specific, so probate counsel and a qualified international tax adviser should coordinate when necessary.

Frequently asked questions for heirs living abroad

Do I have to travel to Florida?

Often no. Many filings, conferences and document exchanges can be handled remotely through Florida counsel. A court appearance or notarized, authenticated document may still be required in a particular case.

Is summary administration automatically available after two years?

Passing the two-year mark can satisfy one statutory route to eligibility, but it does not decide every issue. The will, exempt property, creditor matters, homestead status and the relief requested still need review.

Can a foreign court order transfer Florida property?

Not necessarily by itself. Florida real estate and other Florida-situs assets may require an ancillary proceeding or another Florida court process before title can be transferred.

How long does Florida probate take?

There is no single timetable. Even an uncomplicated formal administration must account for required notices and the creditor-claim period. Contested ownership, missing heirs, tax filings, real estate sales or foreign documents can extend the matter.

Can inherited property be sold during probate?

Frequently yes, but the authority to sell, the contract, court approval if required, title requirements and distribution of proceeds must be coordinated before closing.

What should I send for an initial assessment?

Send the decedent’s full name and date of death, last residence, a copy of the will if available, a description and location of U.S. assets, the names of known heirs, and information about any probate already opened outside Florida.

Official sources

• Florida Statutes §735.201 — Summary Administration
• Florida Statutes Chapter 734 — Ancillary Administration
• The Florida Bar — Probate in Florida
• IRS — Estate tax questions for nonresidents and noncitizens
• Orange County Clerk of Courts — Probate
• Broward County Clerk — Probate and Guardianship

Last checked against official sources in October 2026. This information is educational and is not legal or tax advice for a specific estate.