Florida Ancillary Administration
Fla. Stat. § 734.102
When a non-Florida resident dies owning Florida real estate or other Florida property, a probate proceeding in their home state is not enough to clear title in Florida. Ancillary Administration is the Florida procedure that supplements the home-state probate and transfers the Florida property to the proper heirs or buyers.
What it is
Ancillary Administration is governed by Fla. Stat. Chapter 734. It is a parallel Florida probate proceeding opened to administer Florida-situs assets owned by a non-Florida-resident decedent at death. The most common trigger is Florida real estate — a vacation home, rental property, or investment land — owned by a decedent who lived (and died domiciled) in another state.
Florida's interest in ancillary administration is to ensure that Florida creditors have an opportunity to file claims, that Florida real estate transfers through clean recorded process, and that any Florida-specific issues — homestead, exempt property, family allowance — are addressed under Florida law. The home-state probate handles the decedent's domiciliary estate; the Florida ancillary proceeding handles the Florida slice.
Procedurally, ancillary administration runs in parallel with — but not duplicative of — the home-state probate. The home state's Personal Representative (often called an executor or administrator) typically applies to be appointed as Florida ancillary administrator under Fla. Stat. § 734.102, though Florida has its own qualification rules.
When Florida Ancillary Administration is Required
Ancillary administration in Florida is typically needed when a non-resident decedent owned any of the following at death:
- Florida real estate held in the decedent's individual name (or as a tenant in common — joint tenancy with right of survivorship may transfer without probate).
- Tangible personal property physically located in Florida — for example, a boat titled in Florida, a vehicle, art, or business equipment.
- Florida-based business interests not held in a trust or LLC that resolves the transfer through operating-agreement provisions.
- Florida accounts that are not payable-on-death or transfer-on-death — though most banks and brokerages will accept domiciliary letters with an apostille for accounts below certain thresholds.
If the only Florida asset is something that passes by beneficiary designation, joint ownership with right of survivorship, or operates outside of probate, ancillary administration may be avoidable. Real estate held in the decedent's individual name is the most common ancillary trigger and almost always requires Florida proceedings.
Domiciliary Probate vs. Florida Ancillary
| Aspect | Florida Ancillary Administration | Domiciliary (Home-State) Probate |
|---|---|---|
| Which court | Florida circuit court — probate division | Decedent's home-state probate court |
| Governing law | Florida law — Fla. Stat. Ch. 734 | Home-state probate law |
| Assets administered | Only Florida-situs assets | All other estate assets |
| Personal Representative | Florida ancillary administrator (often home-state PR) | Home-state Personal Representative |
| Creditor notice | Required if known Florida creditors exist | Per home-state law |
| Florida homestead rules apply | Generally no — homestead requires Florida residency | N/A |
Typical Ancillary Administration Timeline
Florida ancillary administration timelines depend heavily on the complexity of the Florida property and the status of the home-state probate. A clean ancillary with a single piece of Florida real estate can resolve in 4 to 8 months. More complex matters with active Florida creditors or business interests can run longer.
- Month 1: Home-state probate opened and home-state Personal Representative qualified. Authenticated copy of the home-state will and Letters obtained.
- Month 1–2: Petition for Ancillary Administration filed in the Florida circuit court for the county where the Florida property is located. Authenticated home-state documents attached.
- Month 2: Florida court enters order appointing the ancillary administrator. Florida Letters of Ancillary Administration issued.
- Month 2–3: Notice to Creditors published and served, if there are known Florida creditors. If there are no known Florida creditors, notice may still be required by court order.
- Month 3–5: Florida inventory filed. Florida real estate sold or distributed as the will directs (or under intestacy if applicable).
- Month 5–7: Florida tax obligations and any Florida creditor claims resolved. Closing accounting prepared.
- Month 7–8: Petition for Discharge filed in Florida. Order of Discharge entered.
Is an attorney required?
Yes. Like Formal Administration, ancillary administration requires a Florida-admitted attorney under Fla. Probate Rule 5.030. Because the proceeding sits at the intersection of two states' probate laws, the value of experienced Florida counsel is particularly high — both to coordinate with the home-state attorney and to navigate Florida-specific procedural quirks (homestead, exempt property, family allowance, creditor notice) that the home-state attorney is not expected to know.
Frequently Asked Questions
Do I need ancillary administration if all the Florida property is jointly owned?
Usually no, if the joint ownership is with right of survivorship (JTWROS) or tenancy by the entireties. Those forms of ownership pass title to the surviving co-owner by operation of law, outside of probate. Tenancy in common does not — a tenant-in-common interest does require probate to transfer. The form of ownership on the deed is the key document to review.
Can the home-state Personal Representative serve as Florida ancillary administrator?
Often yes. Florida applies its qualification rules under Fla. Stat. § 733.302–733.305 even to ancillary administrators, which means non-Florida residents must be qualifying close relatives of the decedent or a Florida-resident designee. In practice, the home-state PR often qualifies because they are a spouse, child, or other close relative; in other cases, a Florida co-administrator is appointed.
Are Florida creditors involved in ancillary administration?
Yes, if the decedent had known Florida creditors. The Florida Personal Representative gives notice to those creditors under Fla. Stat. § 733.2121, and Florida creditors may file claims in the ancillary proceeding. The home-state probate handles creditors of the home state and creditors with no Florida nexus.
Does Florida ancillary administration affect the home-state probate?
It runs in parallel. The two proceedings handle separate slices of the estate but coordinate on issues that cross over — for example, the Florida sale proceeds may flow back to the home-state PR for distribution under the home-state probate, after Florida creditors and Florida taxes are addressed.
What if the decedent's home-state will doesn't follow Florida formalities?
Florida generally accepts an out-of-state will under Fla. Stat. § 732.502(2) if it was validly executed under the law of the state where it was executed or where the testator was domiciled. Florida will require an authenticated (apostille or exemplification) copy and proof of admission to probate in the home state.
How much does Florida ancillary administration cost?
Statutory attorney fees under Fla. Stat. § 733.6171 apply to ancillary administration on the value of the Florida estate. Costs include Florida court filing fees and any publication and recording fees. Total cost varies with the complexity of the Florida property — a single residential parcel typically runs less than a multi-property or commercial portfolio.
The information on this page is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Florida law changes. Consult a licensed Florida attorney for guidance specific to your matter.
Out-of-state decedent with Florida property?
We coordinate with your home-state probate counsel to handle the Florida ancillary administration. Call (407) 843-0430 or schedule a consultation online to map the Florida path.
Or text PROBATE to (407) 906-9507 for a faster response.
Yergey & Yergey, P.A. | 910 N. Fern Creek Avenue, Orlando, FL 32803
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