Florida Statute 734.102
“Ancillary administration”
What it means
If a nonresident dies leaving assets in Florida, credits due from Florida residents, or liens on Florida property, ancillary letters go in this order of entitlement: a personal representative specifically designated in the will for the Florida property, if qualified to act in Florida; otherwise the foreign personal representative, if qualified; if the foreign personal representative is not qualified and the will names a qualified alternate or successor, that person; otherwise a qualified personal representative selected by those entitled to a majority interest of the Florida property. In an intestate estate with a foreign personal representative who is not qualified, the code's ordinary order of preference applies.
Ancillary administration is commenced as the Florida Probate Rules provide. A will and codicils executed as the code requires are admitted to probate. The ancillary personal representative gives bond, and proceedings are as similar to original administrations as possible. Unless claims are barred by s. 733.710, the ancillary personal representative causes notice to creditors to be served and published under chapter 733, and claims not filed under chapter 733 are barred as § 733.702 provides.
After expenses and claims are paid, the court may order the remaining property transferred to the foreign personal representative or distributed to the beneficiaries. Ancillary personal representatives have the same rights, powers, and authority as other Florida personal representatives, but no property may be sold, leased, or mortgaged to pay a debt or claim barred by a Florida limitation or nonclaim statute.
- Triggered when a nonresident leaves assets in Florida, credits due from Florida residents, or liens on Florida property (§ 734.102(1)).
- Entitlement to letters: will-designated Florida personal representative, then the qualified foreign personal representative, then a qualified alternate, then a majority-in-interest selection (§ 734.102(1)).
- A will and codicils executed as the code requires shall be admitted to probate (§ 734.102(3)).
- The ancillary personal representative gives bond as personal representatives generally do (§ 734.102(4)).
- Notice to creditors is served and published under chapter 733 unless claims are barred by s. 733.710 (§ 734.102(5)).
- After expenses and claims, the court may order the balance transferred to the foreign personal representative or distributed to beneficiaries (§ 734.102(6)).
Text of the statute (2026)
(1) If a nonresident of this state dies leaving assets in this state, credits due from residents in this state, or liens on property in this state, a personal representative specifically designated in the decedent’s will to administer the Florida property shall be entitled to have ancillary letters issued, if qualified to act in Florida. Otherwise, the foreign personal representative of the decedent’s estate shall be entitled to have letters issued, if qualified to act in Florida. If the foreign personal representative is not qualified to act in Florida and the will names an alternate or successor who is qualified to act in Florida, the alternate or successor shall be entitled to have letters issued. Otherwise, those entitled to a majority interest of the Florida property may have letters issued to a personal representative selected by them who is qualified to act in Florida. If the decedent dies intestate and the foreign personal representative is not qualified to act in Florida, the order of preference for appointment of a personal representative as prescribed in this code shall apply. If ancillary letters are applied for by other than the domiciliary personal representative, prior notice shall be given to any domiciliary personal representative.
(2) Ancillary administration shall be commenced as provided by the Florida Probate Rules.
(3) If the will and any codicils are executed as required by the code, they shall be admitted to probate.
(4) The ancillary personal representative shall give bond as do personal representatives generally. All proceedings for appointment and administration of the estate shall be as similar to those in original administrations as possible.
(5) Unless creditors’ claims are otherwise barred by s. 733.710, the ancillary personal representative shall cause a notice to creditors to be served and published according to the requirements of chapter 733. Claims not filed in accordance with chapter 733 shall be barred as provided in s. 733.702.
(6) After the payment of all expenses of administration and claims against the estate, the court may order the remaining property held by the ancillary personal representative transferred to the foreign personal representative or distributed to the beneficiaries.
(7) Ancillary personal representatives shall have the same rights, powers, and authority as other personal representatives in Florida to manage and settle estates; to sell, lease, or mortgage local property; and to raise funds for the payment of debts, claims, and devises in the domiciliary jurisdiction. No property shall be sold, leased, or mortgaged to pay a debt or claim that is barred by any statute of limitation or of nonclaim of this state.
Excerpts are the subsections the summary relies on. Read the full official text of § 734.102.
History. s. 1, ch. 74-106; s. 98, ch. 75-220; s. 43, ch. 77-87; s. 1, ch. 77-174; s. 1029, ch. 97-102; s. 171, ch. 2001-226.
How it applies
The section applies when a nonresident's property in Florida is subject to a Florida proceeding. If someone other than the domiciliary personal representative applies for ancillary letters, prior notice goes to any domiciliary personal representative (§ 734.102(1)). The proceeding then follows the original-administration steps: bond, admission of the will, and creditor notice under chapter 733. At the end the court may send the remaining property to the foreign personal representative or distribute it to beneficiaries.
Where this shows up
Pages on this site where § 734.102 does real work:
- Do I need probate in Florida? Which assets and estates skip it
- Florida probate timeline 2026: deadlines and steps from death to discharge
- Florida will checklist: who may make a will, signing and witness rules under section 732.502, the self-proving affidavit, and decisions on beneficiaries, personal representative, guardian and homestead
- Ancillary probate in Florida: when it is needed, who can serve, steps and alternatives
- Out-of-state heirs and Florida property: who can serve, what happens to title, taxes and selling
- Florida snowbird estate planning: domicile, homestead, other-state taxes and ancillary probate
- Out-of-state wills in Florida: validity, moving to Florida and probate steps
- Arnold Palmer
- Bob Marley
- Jeffrey Epstein
Questions people ask
Sources
- Fla. Stat. § 734.102 (2026), flsenate.gov (Entitlement to ancillary letters, bond, creditor notice, transfer of the balance, and powers in subsections (1)-(7).)
- Fla. Stat. § 733.702 (2026), flsenate.gov (Claims not filed in accordance with chapter 733 are barred as § 733.702 provides (§ 734.102(5)).)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.