Ancillary Probate in Florida
Ancillary probate is a supplementary probate proceeding required in Florida when a nonresident decedent owned Florida real property. This proceeding operates alongside the primary probate in the decedent's home state and is governed by Florida Statute Chapter 734.
Why It Is Necessary
Real property is governed by the laws of the state where it is located. A New York probate court cannot order the transfer of a Florida condominium. The Florida circuit court in the county where the property is located has exclusive jurisdiction to administer the asset, pay Florida creditors, and authorize the transfer to beneficiaries or heirs. Without ancillary probate, the property remains titled in the decedent's name indefinitely.
Avoidance Strategies
Nonresidents can avoid Florida ancillary probate through advance planning. The most common strategy is transferring the Florida property into a revocable living trust during the owner's lifetime. Alternatives include joint tenancy with right of survivorship, enhanced life estate deeds (lady bird deeds), and entity ownership (LLCs). Each approach has trade-offs involving taxes, liability protection, and Medicaid implications that require professional evaluation.
Related Terms
Barnes Walker Estate Planning
Barnes Walker helps nonresident property owners avoid ancillary probate through trust and estate planning. Contact us for Florida property planning guidance.
Florida Law Reference
Fla. Stat. Ch. 731–735 (Florida Probate Code)
The Florida Probate Code governs the administration of decedents' estates, including the appointment of personal representatives, creditor claims, and distribution of assets.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC