Ancillary probate in Florida: when it is needed, who can serve, steps and alternatives

Ancillary administration is a Florida proceeding for the estate of a person who lived in another state. If a nonresident dies "leaving assets in this state, credits due from residents in this state, or liens on property in this state," a qualified personal representative is entitled to ancillary letters (§ 734.102(1), Fla. Stat. (2026)). It runs beside the proceeding in the state where the decedent lived and covers the Florida property.

Ancillary letters give the personal representative "the same rights, powers, and authority as other personal representatives in Florida" to manage and settle estates and to sell, lease or mortgage local property (§ 734.102(7)). Florida also offers routes that avoid full ancillary administration for some estates (Table 1). The Sources section lists every authority, last checked October 17, 2026.

Is ancillary administration needed

Who may serve as ancillary personal representative

§ 734.102(1) sets the order of preference:

• A personal representative specifically designated in the will to administer the Florida property, if qualified to act in Florida.
• Otherwise, the foreign personal representative, if qualified to act in Florida.
• If the foreign personal representative is not qualified and the will names an alternate or successor who is, that person.
• Otherwise, those entitled to a majority interest of the Florida property may have letters issued to a person they select who is qualified.
• If the decedent died intestate and the foreign personal representative is not qualified, the general order of preference in the Probate Code applies (§ 733.301).

If anyone other than the domiciliary personal representative applies, prior notice must be given to the domiciliary personal representative (§ 734.102(1)).

Qualification is a separate test. A Florida resident who is sui juris may serve (§ 733.302). A person not domiciled in Florida may serve only if the person is a legally adopted child or adoptive parent of the decedent; related by lineal consanguinity to the decedent; a spouse, brother, sister, uncle, aunt, nephew or niece of the decedent, or related by lineal consanguinity to one of them; or the spouse of a person otherwise qualified (§ 733.304). Banks and trust companies with fiduciary powers may serve (§ 733.305).

A nonresident personal representative files a designation of a resident agent for service of process or notice before letters issue. The designation is not required for a corporate fiduciary with a Florida office or a Florida Bar member who lives and has an office in Florida (Fla. Prob. R. 5.110(b)). Every personal representative must be represented by a Florida attorney unless the personal representative remains the sole interested person (Fla. Prob. R. 5.030(a)).

Steps in an ancillary administration

• 1. Obtain the domiciliary papers. The petition attaches an authenticated copy of so much of the home-state proceeding as shows the will, the petition for administration, the order admitting the will, and the personal representative's authority (testate), or the petition and authority (intestate) (Fla. Prob. R. 5.470(a)).
• 2. File the verified petition for ancillary letters in any Florida county where the decedent's property is located (§ 733.101(1)(b)). The contents follow Probate Rule 5.200, plus the attachments in step 1 and, if someone other than the domiciliary personal representative asks to serve, the facts supporting that request (Fla. Prob. R. 5.470(a)). Ancillary administration is begun as the Probate Rules provide (§ 734.102(2)).
• 3. Give formal notice to known persons with equal or greater preference to serve, and to every domiciliary personal representative who has not waived notice or joined the petition (Fla. Prob. R. 5.470(b)).
• 4. Admit the will. If the will and codicils were executed as the Probate Code requires, they are admitted to probate (§ 734.102(3); Fla. Prob. R. 5.470(c)).
• 5. Qualify. The ancillary personal representative gives bond as personal representatives generally do, unless bond is waived (§ 734.102(4); § 733.402), files the address designation and any resident-agent designation, and takes the oath. Letters issue after those steps (Fla. Prob. R. 5.110 and 5.235).
• 6. Publish and serve the notice to creditors under chapter 733 (§ 734.102(5)). Publication is once a week for 2 consecutive weeks in a newspaper in the county where the estate is administered, and reasonably ascertainable creditors are served (§ 733.2121(2)-(3)).
• 7. Run the claims period. A claim is barred unless filed on or before the later of 3 months after first publication or 30 days after service on a creditor who must be served (§ 733.702(1)). Two years after death, claims are barred regardless (§ 733.710). No property may be sold, leased or mortgaged to pay a barred claim (§ 734.102(7)).
• 8. Administer the Florida property. Sell, lease or mortgage local property with the same authority as any Florida personal representative (§ 734.102(7)). Selling a house is covered in the selling an inherited Florida home guide.
• 9. Transfer or distribute. 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 statutes and rules cited here set no total time for an ancillary administration. The shortest period built into the process is the claims period in step 7, which runs at least 3 months from first publication, and the home-state proceeding must produce the authenticated papers in step 1.

Short-form ancillary for a small testate estate

When a nonresident dies testate with property subject to administration in Florida whose gross value does not exceed $50,000 at the date of death, the foreign personal representative may, before 2 years after death, file an authenticated transcript in the circuit court of the county where any property is located. The court admits the will and codicils if they comply with § 732.502(1), (2) or (3) (§ 734.1025(1)).

The transcript shows the probated will and codicils, the order admitting them, the letters or their equivalent, and the beneficiaries' names or an affidavit reciting them (Fla. Prob. R. 5.475(a)). The foreign personal representative may then publish a notice to creditors. If no claim is filed in time, the court enters an order that notice was published and no claims were filed or all were satisfied. If a claim is filed, the clerk sends the foreign personal representative a copy and sets a hearing to appoint an ancillary personal representative (§ 734.1025(2); Fla. Prob. R. 5.475(b)-(e)).

Recording a foreign will without administration

An authenticated copy of a nonresident's will that devises Florida real property may be admitted to record in any Florida county where the property lies at any time after 2 years from death, or after the domiciliary personal representative is discharged, if no proceeding to administer the estate has been brought in Florida. The will must have been executed as chapter 732 requires and admitted to probate in another state, territory or country (§ 734.104(1)).

Any person may file the petition, with authenticated copies of the foreign will, the petition for probate, and the order admitting the will to probate (§ 734.104(2)). When the order admitting the will to record is entered, the will is "as valid and effectual to pass title to real property" as if admitted to probate in Florida (§ 734.104(4)). Recording does not replace the claims process: debts of the estate are governed by the claims bar in § 733.710.

Clerk fees

Using the Florida letters

• Banks. Present the certified letters to the institution. A holder that has had no written demand from a Florida personal representative may also pay or deliver to the foreign personal representative after 90 days from the foreign appointment (§ 734.101(4)).
• Safe-deposit boxes. A lessor must give a Florida-appointed personal representative with certified letters access and the contents, subject to the initial-opening rule in § 733.6065 (§ 655.936(1), (3)). Ch. 2026-57 amended §§ 655.933 and 655.936 effective July 1, 2026.
• Court actions. A personal representative with authenticated letters or a probated will from any state may maintain actions in Florida courts, and a foreign personal representative may be sued in Florida about Florida property (§ 734.101(1)-(2)). A foreign personal representative submits to Florida jurisdiction by filing authenticated copies, collecting money or property, or acting as personal representative in Florida (§ 734.201).
• Taxes. Florida has no estate tax for deaths after December 31, 2004 (Florida Department of Revenue, Estate Tax, accessed October 17, 2026).