Ancillary Probate for Out-of-State Owners of Florida Property

Many Lakewood Ranch and Sarasota homes belong to seasonal residents whose legal home is in another state. When one of these owners passes away, the main probate happens in their home state. Florida real estate, however, can only be transferred through a Florida court. That second, smaller case is called ancillary administration.

We work with families and out-of-state attorneys to clear title to Florida property efficiently, often without anyone needing to travel here.

When Is Ancillary Probate Needed?

  • The person lived outside Florida at the time of death.

  • They owned Florida real estate, such as a home, condo or land, in their name alone.

  • The property wasn't held in a trust, jointly with survivorship rights or by a transfer-on-death arrangement.

Types of Ancillary Administration

Ancillary summary administration. This is available when the Florida estate is worth $50,000 or less, or when the person died more than two years ago. It is faster and does not require a personal representative.

Formal ancillary administration. This is used for larger Florida estates. An ancillary personal representative is appointed, creditors are notified and the property is sold or distributed under court supervision.

How It Works

  1. Gather documents from the home state. That usually means an authenticated copy of the will and the order admitting it to probate there.

  2. File in the right Florida county. The case is filed where the property sits. For Lakewood Ranch, that is either Manatee County or Sarasota County.

  3. Notify creditors. Florida creditor procedures apply to the Florida property.

  4. Transfer or sell the property. We record the court's order so the title is clean for heirs or buyers.

Moved to Lakewood Ranch From Another State?

The reverse also applies. If you now live in Florida but still own a house, cabin or land back home, your family may face probate in that state too. A revocable living trust can hold property in multiple states and help avoid multiple probates. Learn more about updating out-of-state documents and trusts.

Frequently Asked Questions

Can the executor from the home state serve in Florida?

Sometimes. Florida only allows a nonresident to serve as personal representative if they are a close relative or meet other statutory requirements. We'll review who is eligible.

Does anyone need to come to Florida?

In most cases, no. Documents can be signed and filed remotely.

Related Probate Services

Talk to a Lakewood Ranch Probate Attorney

Settling a loved one's Florida property from out of state? Schedule a free consultation with Bavaro Legacy Law, or call 941-909-8331.