Glossary · Probate Administration
Ancillary Probate
A secondary Florida probate for an out-of-state resident who owned property in Florida.
Ancillary probate is the process used when someone who lived in another state dies owning real estate or other property located in Florida. The main probate happens in their home state, and Florida runs a secondary, or ancillary, proceeding to transfer the Florida property.
It comes up most often with vacation homes, rental property, and timeshares owned by snowbirds and out-of-state families. Without it, a Florida property cannot be sold or retitled after the owner dies.
Ancillary administration can run in formal or summary form depending on value and timing, and it generally requires a Florida attorney.
In Florida
Florida requires ancillary administration to clear title to Florida property owned by a nonresident at death. A common way to avoid it entirely is to title the Florida home in a revocable living trust, or to use a properly drafted enhanced life estate deed during life.
Common questions
When is ancillary probate needed in Florida?
When a person who lived in another state dies owning real estate or other property in Florida, a Florida ancillary proceeding is needed to transfer it.
How do I avoid ancillary probate?
Holding the Florida property in a revocable living trust, or using a correctly drafted Lady Bird deed, can pass it without ancillary probate.
Paul Kogan
Fort Lauderdale Litigation Attorney, The Kogan Firm, P.A.
- 17+ years
- Florida Bar
- Martindale Peer Rated
Estate Planning and Probate
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This page is general information about Ancillary Probate under Florida law and does not constitute legal advice. Every family and estate is different.