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Nonresident decedents with Florida assets
Ancillary Administration
Florida administration of the Florida assets of a decedent who lived in another state.
Ancillary administration is the Florida proceeding for a person who died domiciled in another state and left assets, credits due from Florida residents, or liens on property in Florida (§ 734.102(1), Fla. Stat. (2026)). The main administration takes place in the state of domicile. The Florida court issues ancillary letters for the Florida assets.
Venue is the county where the decedent's property is located, or any such county if the property is in several (§ 733.101(1)(b)). The petition follows Fla. Prob. R. 5.200 (Oct. 15, 2026 ed.) and adds authenticated copies of the domiciliary proceedings (Fla. Prob. R. 5.470(a)). The Florida proceeding is run "as similar to those in original administrations as possible" (§ 734.102(4)).
Two shorter routes exist for some estates: a short-form proceeding for a testate estate with $50,000 or less of Florida property (§ 734.1025), and admission of a foreign will to the Florida records after 2 years (§ 734.104). Both are described below.
Appointment
Who is entitled to ancillary letters
| Situation | Person entitled | Source |
|---|---|---|
| Will designates a personal representative for the Florida property | That person, if qualified to act in Florida. | § 734.102(1) |
| No such designation | The foreign (domiciliary) personal representative, if qualified to act in Florida. | § 734.102(1) |
| Foreign personal representative not qualified in Florida | The alternate or successor named in the will who is qualified; otherwise a personal representative qualified in Florida selected by those entitled to a majority interest of the Florida property. | § 734.102(1) |
| Intestate and the foreign personal representative is not qualified | The order of preference for appointment in the Probate Code applies. | § 734.102(1); § 733.301(1)(b) |
| Someone other than the domiciliary personal representative applies | Prior notice must be given to any domiciliary personal representative. | § 734.102(1) |
| Nonresident acting as ancillary personal representative | Must meet the relationship requirements for nonresidents (adopted child or adoptive parent, lineal relative, spouse, brother, sister, uncle, aunt, nephew or niece, or the spouse of a qualified person). | § 733.304 |
| Attorney | A personal representative must be represented by an attorney admitted to practice in Florida unless the personal representative remains the sole interested person. | Fla. Prob. R. 5.030(a) |
Two proceedings
Domiciliary and ancillary administration compared
| Point | Domiciliary administration (home state) | Ancillary administration (Florida) |
|---|---|---|
| Where | The state where the decedent was domiciled. | The Florida county where the decedent's property is located (§ 733.101(1)(b)). |
| What it covers | The decedent's estate generally. | Assets in Florida, credits due from Florida residents and liens on Florida property (§ 734.102(1)). |
| Authority | Letters issued by the home-state court. | Ancillary letters issued by the Florida court on authenticated copies of the home-state proceedings (Fla. Prob. R. 5.470(a)). |
| Will | Admitted by the home-state court. | Admitted by the Florida court if it was executed as the Probate Code requires (§ 734.102(3)); the court determines whether the will complies (Fla. Prob. R. 5.470(c)). |
| Bond | Home-state law. | Ancillary personal representative gives bond as personal representatives generally (§ 734.102(4)). |
| Creditors | Home-state notice and claims rules. | Notice to creditors served and published under chapter 733 unless claims are barred by § 733.710 (§ 734.102(5)). |
| End | Home-state discharge. | After claims and expenses are paid, the court may order the remaining property transferred to the foreign personal representative or distributed to the beneficiaries (§ 734.102(6)). |
The filing
What the petition for ancillary letters must contain
Fla. Prob. R. 5.470(a) (Oct. 15, 2026 ed.) requires the contents of a petition for administration under Fla. Prob. R. 5.200 and these additions. The petition is verified.
| Item | What is required | Source |
|---|---|---|
| Testate estate | An authenticated copy of so much of the domiciliary proceedings as shows the will, the petition for administration, the order admitting the will to probate, and the personal representative's authority to act. | Fla. Prob. R. 5.470(a)(1) |
| Intestate estate | An authenticated copy of so much of the domiciliary proceedings as shows the petition for administration and the personal representative's authority to act. | Fla. Prob. R. 5.470(a)(2) |
| Someone other than the domiciliary personal representative | A statement of the facts that are the grounds for the appointment sought. | Fla. Prob. R. 5.470(a)(3) |
| Notice before letters | Formal notice to all known persons qualified to act whose preference is equal or greater and who have not waived or joined, and to all domiciliary personal representatives who have not waived or joined. | Fla. Prob. R. 5.470(b) |
| Probate of the will | On filing the authenticated copy, the court determines whether the will complies with Florida law and, if it does, admits it to probate. | Fla. Prob. R. 5.470(c) |
| Evidence of death | A copy of an official record of death, filed no later than 3 months after first publication of the notice to creditors. | Fla. Prob. R. 5.205(a)(2) |
| Oath, resident agent and bond | The court determines any bond. The oath and any resident agent designation are filed before letters issue. | Fla. Prob. R. 5.235(a) |
The sequence
Steps from domiciliary letters to Florida transfer
- 01
Confirm the status of the home-state case
Find out whether a domiciliary proceeding is open or closed and who the personal representative is. The petition states whether domiciliary or principal proceedings are pending and names the foreign personal representative and the court (Fla. Prob. R. 5.200(f); Fla. Prob. R. 5.470(a)).
Who and whereDomiciliary personal representative or petitioner. Home-state court clerk. - 02
Obtain authenticated copies
The petition attaches authenticated copies of the domiciliary will, the petition for administration, the order admitting the will, and the letters or equivalent authority (Fla. Prob. R. 5.470(a)(1) and (2)). Rule 5.470 refers to Federal Rule of Civil Procedure 44(a) on proving an official record. The 17th Judicial Circuit's checklists define authenticated copies by 28 U.S.C. 1738.
Who and wherePetitioner. Home-state court clerk. - 03
Choose the county and prepare the petition
File in the Florida county where the decedent's property is located (§ 733.101(1)(b)). The petition contains the Fla. Prob. R. 5.200 statements and the additions for ancillary letters. The 17th Judicial Circuit publishes a checklist for a formal ancillary petition and a checklist for a summary ancillary petition.
Who and wherePetitioner and a Florida attorney. - 04
File and pay the clerk's fee
The clerk's fee for ancillary proceedings is capped at $395, plus a $4 service charge (§ 28.2401(1)(g) and (3)). Electronic filing is available through the Florida Courts E-Filing Portal.
Who and wherePetitioner or the attorney. Clerk of the circuit court. - 05
Give notice and obtain letters
Formal notice goes to the persons listed in Fla. Prob. R. 5.470(b). The court admits the will, determines the bond, and issues ancillary letters after the oath and any resident agent designation are filed (§ 734.102(3) and (4); Fla. Prob. R. 5.235).
Who and whereCircuit court judge, probate division. - 06
Serve the notice of administration and notice to creditors
The ancillary personal representative serves the notice of administration (§ 733.212, which Fla. Prob. R. 5.470 lists as a related provision) and, unless creditors' claims are otherwise barred by § 733.710, causes a notice to creditors to be served and published under chapter 733. Claims not filed are barred as provided in § 733.702 (§ 734.102(5)).
Who and whereAncillary personal representative or the attorney. A newspaper published in the Florida county. - 07
Inventory, collect and manage the Florida assets
The ancillary personal representative has the same rights, powers and authority as other Florida personal representatives to manage and settle the estate, to sell, lease or mortgage local property, and to raise funds for debts, claims and devises in the domiciliary jurisdiction. No property is sold, leased or mortgaged to pay a claim barred by a Florida limitation or nonclaim statute (§ 734.102(7)). Real property sales follow § 733.613.
Who and whereAncillary personal representative. - 08
Distribute or transfer, then close
After expenses and claims are paid, the court may order the remaining property transferred to the foreign personal representative or distributed to the beneficiaries (§ 734.102(6)). The proceeding closes with the discharge of the ancillary personal representative (§ 733.901).
Who and whereAncillary personal representative. Circuit court judge.
Shorter routes
Short-form and foreign-will procedures
| Route | Requirements | What follows | Source |
|---|---|---|---|
| Short-form ancillary proceeding | Nonresident decedent died testate. The gross value of the property subject to administration in Florida did not exceed $50,000 at death. The foreign personal representative files within 2 years after the death in the circuit court of a county where any property is located. | The foreign personal representative files an authenticated transcript showing the will and beneficiaries. The court admits the will and codicils if they comply with § 732.502(1), (2) or (3). A notice to creditors may be published. If a claim is filed, a personal representative is appointed. | § 734.1025; Fla. Prob. R. 5.475 |
| Foreign will admitted to record | A nonresident's will that devises Florida real property, executed as chapter 732 requires and admitted to probate in another state, territory or country. It may be admitted to record at any time after 2 years from the death, or at any time after the domiciliary personal representative has been discharged if there has been no proceeding to administer the estate in Florida. | A petition accompanied by authenticated copies of the will, the petition for probate and the order admitting the will. On the court's findings, the will is admitted to record and passes title to Florida real property as if probated in Florida. | § 734.104 |
| Summary administration of the Florida estate | Summary administration may be had in a nonresident decedent's estate when the value of the estate subject to administration in Florida, less exempt property, does not exceed $150,000, or the decedent has been dead more than 2 years. | An order of summary administration distributes the Florida assets. The 17th Judicial Circuit publishes a checklist for a summary ancillary petition. | § 735.201 |
| Payment to a foreign personal representative without Florida letters | A foreign personal representative with authenticated copies of letters may maintain actions in Florida courts. Debtors and holders of estate property who have received no written demand from a Florida personal representative may pay or deliver to the foreign personal representative 90 days after the foreign appointment, except as § 655.936 provides. | Payment or delivery to the foreign personal representative. A mortgage or lien held by the foreign personal representative can be satisfied of record. | § 734.101 |
Court cost
Clerk filing fees
§ 28.2401(1), Fla. Stat. (2026) caps the charges the clerk may impose. Confirm the amount with the clerk of the county where the petition is filed.
| Filing | Fee cap | With the $4 service charge | Source |
|---|---|---|---|
| Ancillary proceeding | $395 | $399 | § 28.2401(1)(g) and (3) |
| Petition and order to admit a foreign will to record | $230 | $230 | § 28.2401(1)(c) |
| Summary administration, estate $1,000 or more | $340 | $344 | § 28.2401(1)(e) and (3) |
Forms
Official checklists and forms
Florida Courts Help states that it does not provide any forms related to the probate process (Florida Courts Help, Probate). The documents below are court-published.
| Document | Publisher | Date or revision | Note |
|---|---|---|---|
| Checklist for Petition for Formal Ancillary Administration | 17th Judicial Circuit (Broward County) | No printed date; file modified July 8, 2026 (server date) | Covers who may receive letters, authenticated copies, oath, resident agent and proposed orders |
| Checklist for Petition for Summary Ancillary Administration | 17th Judicial Circuit (Broward County) | File name dated 12.9.25 | States $75,000, the figure replaced by ch. 2026-57 |
| Affidavit of Heirs | 17th Judicial Circuit (Broward County) | Oct. 2023 | Required in intestate cases |
| Affidavit Regarding Criminal History | 17th Judicial Circuit (Broward County) | Undated | The form states it is filed by all personal representatives and petitioners in testate and intestate cases, formal and summary administrations |
| Fla. Prob. R. 5.470 and Fla. Prob. R. 5.475 | The Florida Bar, Florida Probate Rules | Oct. 15, 2026 edition | Ancillary administration and the short form |
What goes wrong
Common problems
- Relying on home-state letters alone. A foreign personal representative may maintain actions in Florida courts on authenticated copies of letters (§ 734.101(1)), and holders may pay or deliver to the foreign personal representative 90 days after appointment when no Florida personal representative has made written demand (§ 734.101(4)). Ancillary letters (§ 734.102) and admission of a foreign will to record (§ 734.104) are the Florida court routes for Florida title.
- Documents that are not authenticated. The petition attaches authenticated copies of the domiciliary proceedings (Fla. Prob. R. 5.470(a)).
- No domiciliary personal representative. If someone other than the domiciliary personal representative seeks letters, the petition states the facts that support that appointment and prior notice goes to any domiciliary personal representative (Fla. Prob. R. 5.470(a)(3) and (b); § 734.102(1)).
- Wrong county. Venue is a county where the decedent's property is located (§ 733.101(1)(b)). A filing in an improper county may be transferred (§ 733.101(3)).
- A claim filed in a short-form case. In a short-form proceeding under § 734.1025, a claim filed against the estate leads to the appointment of a personal representative.
- Property sold to pay a barred claim. No property is sold, leased or mortgaged to pay a debt barred by a Florida limitation statute (§ 734.102(7)).
- Local forms that show an old limit. The 17th Circuit's summary ancillary checklist states $75,000; the statute states $150,000 (§ 735.201(2)).
Questions
Frequently asked questions
What is ancillary probate in Florida?+−
It is the Florida administration of the Florida assets of a decedent who lived in another state. It applies when the nonresident decedent left assets in Florida, credits due from Florida residents, or liens on Florida property, and the court issues ancillary letters to a personal representative (§ 734.102(1), Fla. Stat. (2026)).
When is ancillary administration needed for a Florida condominium or house?+−
When the property is part of the nonresident decedent's estate and title needs to change by court authority. The estate is "the property of a decedent that is the subject of administration" (§ 731.201(14)). Whether a given property is in the estate depends on how title was held and on the documents that govern it.
What is the difference between ancillary and domiciliary probate?+−
Domiciliary probate is the main administration in the state where the decedent lived. Ancillary probate is the Florida proceeding for the Florida assets, run "as similar to those in original administrations as possible" (§ 734.102(4)). The Florida court can order the remaining property transferred to the foreign personal representative or distributed to the beneficiaries (§ 734.102(6)).
Can a home-state attorney handle the Florida filing?+−
Fla. Prob. R. 5.030(a) (Oct. 15, 2026 ed.) requires every personal representative to be represented by an attorney admitted to practice in Florida unless the personal representative remains the sole interested person. A personal representative who is a Florida attorney may represent himself or herself.
Does the ancillary personal representative have to live in Florida?+−
No, if the person is related to the decedent as § 733.304 requires, or is a corporate fiduciary qualified under § 733.305. The petition states the relationship (Fla. Prob. R. 5.200(k)(5)).
What if the home-state probate has not started?+−
The petition ordinarily attaches authenticated copies from the domiciliary proceeding (Fla. Prob. R. 5.470(a)(1) and (2)). If someone other than the domiciliary personal representative seeks letters, the petition states the facts that support that appointment (Fla. Prob. R. 5.470(a)(3)), and the statute lists who is entitled, in order (§ 734.102(1)). Neither the statute nor the rule requires the home-state case to be closed.
Is notice to creditors required in an ancillary case?+−
Yes, unless creditors' claims are otherwise barred by § 733.710. The ancillary personal representative serves and publishes the notice under chapter 733, and claims not filed are barred as provided in § 733.702 (§ 734.102(5)).
Is there a shorter way to handle a small Florida estate of a nonresident?+−
Yes, in two cases. If the nonresident died testate and the gross value of the Florida property did not exceed $50,000 at death, the foreign personal representative may file an authenticated transcript within 2 years after the death (§ 734.1025; Fla. Prob. R. 5.475). Summary administration may also be had in a nonresident decedent's estate when the Florida estate meets the tests in § 735.201.
What does the court filing cost?+−
The clerk's fee for ancillary proceedings is capped at $395, plus a $4 service charge (§ 28.2401(1)(g) and (3)). A petition and order to admit a foreign will to record is capped at $230 (§ 28.2401(1)(c)).
How long does ancillary administration take?+−
No statute sets a total length. When a notice to creditors is published, claims are due by the later of 3 months after first publication or 30 days after service on a creditor who must be served (§ 733.702(1)). The steps follow those of an original administration, as the statute provides (§ 734.102(4)).
In short
Ancillary administration covers the Florida assets of a nonresident decedent. The petition rests on authenticated copies of the home-state proceedings, and the Florida court keeps the same creditor periods as in an original administration (§ 734.102; Fla. Prob. R. 5.470).
Last checked: October 16, 2026
Sources
Each source below was read on the date shown. Statute links open the 2026 edition on the Florida Senate site. The Florida Probate Rules edition is the one the Florida Bar posted on October 15, 2026.
- § 734.102, Fla. Stat. (2026), Ancillary administration. The Florida Senate. Who is entitled to ancillary letters, bond, creditor notice, end of the proceeding, powers. Plain-English page on this site.
- § 734.1025, Fla. Stat. (2026), Nonresident decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims. The Florida Senate. Short-form proceeding for a testate nonresident's estate.
- § 734.104, Fla. Stat. (2026), Foreign wills; admission to record; effect on title. The Florida Senate. Admission of a nonresident's will to record after 2 years.
- § 734.101, Fla. Stat. (2026), Foreign personal representative. The Florida Senate. Foreign personal representative may maintain actions; payment after 90 days.
- § 733.101, Fla. Stat. (2026), Venue of probate proceedings. The Florida Senate. Venue where the decedent had no Florida domicile. Plain-English page on this site.
- § 733.212, Fla. Stat. (2026), Notice of administration; filing of objections. The Florida Senate. Notice of administration cited by Rule 5.470. Plain-English page on this site.
- § 733.301, Fla. Stat. (2026), Preference in appointment of personal representative. The Florida Senate. Intestate order of preference. Plain-English page on this site.
- § 733.304, Fla. Stat. (2026), Nonresidents. The Florida Senate. Relationship required of a nonresident personal representative. Plain-English page on this site.
- § 733.305, Fla. Stat. (2026), Trust companies and other corporations and associations. The Florida Senate. Corporate fiduciaries may act.
- § 733.613, Fla. Stat. (2026), Personal representative’s right to sell real property. The Florida Senate. Sale of real property.
- § 733.702, Fla. Stat. (2026), Limitations on presentation of claims. The Florida Senate. Claims period. Plain-English page on this site.
- § 733.710, Fla. Stat. (2026), Limitations on claims against estates. The Florida Senate. Claims barred 2 years after death. Plain-English page on this site.
- § 733.901, Fla. Stat. (2026), Final discharge. The Florida Senate. Discharge.
- § 731.201(14), Fla. Stat. (2026), General definitions. The Florida Senate. Definition of estate. Plain-English page on this site.
- § 735.201, Fla. Stat. (2026), Summary administration; nature of proceedings. The Florida Senate. Summary administration in a nonresident decedent's estate; $150,000 limit. Plain-English page on this site.
- § 28.2401, Fla. Stat. (2026), Service charges and filing fees in probate matters. The Florida Senate. Ancillary fee cap of $395; foreign will fee of $230; $4 service charge.
- Fla. Prob. R. 5.030, Attorneys. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Attorney required unless the personal representative is the sole interested person.
- Fla. Prob. R. 5.200, Petition for administration. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Contents of the petition; nonresident relationship statement.
- Fla. Prob. R. 5.205, Filing evidence of death. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Death record in ancillary proceedings.
- Fla. Prob. R. 5.235, Issuance of letters, bond. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Appointment, bond, oath and resident agent.
- Fla. Prob. R. 5.470, Ancillary administration. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Contents of the petition, notice, probate of the will.
- Fla. Prob. R. 5.475, Ancillary administration; short form. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Short-form procedure under § 734.1025.
- Florida Courts E-Filing Portal. Florida Courts. Statewide electronic filing portal.
- Florida Courts Help, Probate. Florida Courts Help. States that it provides no probate forms.
- 17th Judicial Circuit, Checklist for Petition for Formal Ancillary Administration. 17th Judicial Circuit. Local checklist for a formal ancillary petition; authenticated copies defined by 28 U.S.C. 1738.
- 17th Judicial Circuit, Checklist for Petition for Summary Ancillary Administration. 17th Judicial Circuit. Local checklist for a summary ancillary petition; states $75,000, the figure replaced by ch. 2026-57.
- 17th Judicial Circuit, Affidavit of Heirs. 17th Judicial Circuit. Affidavit filed in intestate cases.
- 17th Judicial Circuit, Affidavit Regarding Criminal History. 17th Judicial Circuit. Affidavit filed in testate and intestate cases.
General information, not legal advice. The official text controls. Disclaimer.
