Short answer: Ancillary probate is a second, “helper” probate proceeding required when someone who lived outside Florida — in another U.S. state or another country — dies owning real estate or certain other assets located in Florida. The home state’s (or home country’s) inheritance proceeding cannot transfer title to Florida land, so a separate Florida proceeding under Chapter 734 of the Florida Statutes is opened to do it. For foreign families this is one of the most common — and most unexpected — steps in inheriting U.S. property.
When Is Ancillary Probate Required in Florida?
A Florida ancillary administration is generally needed when a non-resident decedent leaves:
- real estate located in Florida (a house, condo, vacant lot, or timeshare interest) titled in the decedent’s sole name;
- credits due from Florida residents, or
- liens on Florida property.
The rule is territorial: courts in another state or country have no power over land in Florida. Even a perfectly valid probate completed in New York, Germany, or Ukraine cannot put the heirs on the title of a Miami condominium — only a Florida court can.
How the Process Works
- The main (domiciliary) proceeding runs at home. The estate is administered where the decedent was domiciled — that court or notary deals with the bulk of the estate.
- A Florida petition is filed. Authenticated copies of the foreign will (if any), death certificate, and the domiciliary proceedings are filed with the Florida circuit court in the county where the property sits. Foreign documents typically need certified English translations and an apostille.
- An ancillary personal representative is appointed. If the will names a personal representative who is qualified to act in Florida, that person has preference. Note Florida’s residency rule: a non-resident can serve only if they are a close relative of the decedent — otherwise a Florida-resident representative must be appointed.
- Creditors are notified. Florida creditors get the same notice and claim period as in a normal administration (a 3-month window after publication).
- The property is transferred or sold. Once claims and costs are handled, the court authorizes distribution of the Florida property to the beneficiaries — or its sale, with proceeds distributed to them, which is often the practical choice for heirs living abroad.
An attorney is effectively required: Florida court rules require the personal representative in most probate administrations to be represented by a Florida attorney.
Shortcuts for Smaller Estates
- Ancillary summary administration: if the Florida property subject to probate is worth $75,000 or less, or the decedent has been dead more than two years, a faster summary proceeding is usually available — often completed in a few months without appointing a personal representative.
- Admission of a foreign will to record: in narrow cases where a foreign will was executed in compliance with Florida formalities and the home probate is complete, the will can sometimes be recorded to pass Florida real estate without a full ancillary administration.
Taxes: What Foreign Heirs Should Know
- Florida has no inheritance or estate tax — nothing is owed to the State of Florida on inherited property.
- U.S. federal estate tax can matter for non-resident, non-citizen decedents: only their U.S.-situs assets (like Florida real estate) are taxed, but the exemption is only $60,000 — far lower than the multi-million-dollar exemption U.S. citizens get. Estate tax treaties with some countries can change this, so a tax review is essential before the property is transferred or sold.
- The heirs’ home country may tax the inheritance under its own rules — the U.S. proceeding does not settle that.
How Long Does It Take and What Does It Cost?
A typical uncontested ancillary administration takes several months — roughly in line with a regular Florida probate of similar size, driven mostly by the 3-month creditor period and the time needed to authenticate and translate foreign documents. Costs include court filing fees, translation and apostille costs, and attorney fees; summary administration is meaningfully cheaper and faster where available.
Can Ancillary Probate Be Avoided?
Yes — with planning done before death:
- titling the Florida property in a revocable living trust;
- holding it through a company (LLC), so the estate owns shares, not Florida land;
- enhanced life estate (“Lady Bird”) deeds or joint ownership with survivorship rights in appropriate cases.
After death, these options are gone — then ancillary administration (or its summary version) is the path.
Frequently Asked Questions
My relative died abroad and owned a Florida condo. Do we really need a second probate?
If the condo was titled in their sole name — yes. The foreign inheritance decision cannot change the Florida land records; a Florida ancillary proceeding transfers the title.
Do I have to travel to Florida for ancillary probate?
Usually not. The proceeding is document-driven and handled by your Florida attorney; signatures are managed remotely and heirs almost never appear in court.
Who can serve as personal representative if all heirs live abroad?
A non-resident can serve only if closely related to the decedent (spouse, parent, child, sibling, or certain other relatives). Otherwise a Florida resident — often a professional fiduciary — is appointed.
What documents will we need from home?
Typically the death certificate, the will (if any), and certified copies of the domiciliary probate or inheritance decision — each with an apostille and a certified English translation.
This article is general information, not legal advice. Our office regularly represents heirs living abroad in Florida ancillary probate — in English, Spanish, German, Polish, Hungarian, Russian, Ukrainian, and Serbian — and can evaluate your case remotely.
