I Am Out-of-State, Do I Have to Come to Florida for Probate?
- jvtaormina
- Sep 11
- 5 min read
When a loved one passes away in Florida, their estate often needs to go through probate—the court-supervised process of transferring assets to heirs and beneficiaries. But what if you live in another state? Many families wonder: Do I have to come to Florida for probate if I am an heir or personal representative?
The good news is that in most cases, you do not have to travel to Florida. With the help of an experienced Florida probate attorney, much of the process can be handled remotely. This article explains how probate works for out-of-state heirs and personal representatives, what situations may require travel, and how an Orlando probate attorney can simplify the process for you.
Understanding Probate in Florida
Probate is required when a deceased person (called the decedent) owned assets in their sole name without a designated beneficiary. Common assets that may require probate include:
Real estate titled only in the decedent’s name.
Bank accounts without a payable-on-death (POD) beneficiary.
Vehicles, boats, or personal property without joint ownership.
Investment accounts without transfer-on-death (TOD) designations.
Florida has two main types of probate:
Formal Administration – The full probate process, usually required when the estate is worth more than $75,000 or the decedent passed away less than two years ago.
Summary Administration – A faster, simplified process available when the estate is valued at $75,000 or less, or when the decedent has been deceased for more than two years.
Whether you live in Florida or elsewhere, these procedures are the same. However, the key question is: do you need to physically appear in Florida for them?
Do Out-of-State Heirs Have to Come to Florida for Probate?
In most situations, heirs and beneficiaries do not need to come to Florida. Probate is a legal process handled through the courts, and much of it can be managed by your Florida probate attorney.
Here’s why:
Court Filings Are Done by Your Attorney – All petitions, motions, and court-required documents are filed electronically through Florida’s court system. You do not have to appear in person to sign or file paperwork.
Notarization Can Be Done Remotely – Many required signatures can be notarized in your home state or completed through remote online notarization.
Communication Happens Remotely – Your attorney can keep you informed through phone calls, email, or video conferencing, eliminating the need for travel.
For heirs, the probate process is typically paperwork-driven. Unless there is a dispute (such as a will contest), heirs usually never have to set foot in a Florida courtroom.
Do Out-of-State Personal Representatives Need to Come to Florida?
Serving as a personal representative (executor) of an estate carries more responsibilities than simply inheriting property. In Florida, a personal representative is the person legally appointed to administer the estate.
Here are key things to know if you live out of state and have been named as personal representative:
Florida Residency Rule
Under Florida Statute §733.304, a personal representative must either:
Be a Florida resident, or
Be a close relative of the decedent (spouse, sibling, child, parent, or other qualified relative).
This means that out-of-state relatives are often eligible, but out-of-state friends or business partners usually cannot serve.
Court Appearances
Even if you are eligible, most of your duties can be handled remotely through your attorney. Your lawyer can appear in court on your behalf for most hearings. In rare cases, you may need to appear—such as if there is litigation over the will or disputes among beneficiaries.
Practical Duties
As personal representative, you are responsible for:
Gathering and safeguarding estate assets.
Notifying creditors.
Filing required tax returns.
Distributing assets to beneficiaries.
Orlando probate attorney Joe Taormina can assist with nearly all of these tasks, coordinating appraisals, handling filings, and communicating with the court. If real estate needs to be sold, your attorney can also work with local realtors and title companies.
Common Questions About Out-of-State Probate in Florida
1. Can I handle probate without an attorney if I live out of state?
You may be able to. If you are confortable with Florida Probate rules you may be able to get it done.
2. What if I just inherited property in Florida but live elsewhere?
You may still need probate to transfer legal title, even if you are the only heir. Once probate is completed, you can sell or keep the property without issue.
3. How long does Florida probate take if I am out of state?
Summary administration: usually a few months.
Formal administration: typically six to twelve months, sometimes longer if disputes arise.
Your location outside Florida rarely affects the timeline, since most steps are handled through the court and your attorney.
4. Will I have to travel to Florida to sell inherited property?
Not necessarily. Your attorney can help you execute documents remotely. Many title companies allow out-of-state closings, and electronic notarization is often available.
Why Working with a Florida Probate Attorney Is Essential
Probate in Florida can be complex, especially when heirs or personal representatives live in other states. Having a local attorney ensures:
Compliance with Florida law – Probate rules differ from state to state. An experienced Orlando probate attorney knows the local statutes and court procedures.
Faster process – With electronic filing and attorney representation, cases move more efficiently.
Reduced stress – Instead of traveling back and forth to Florida, you can rely on your attorney to handle matters on your behalf.
At Taormina Law, P.A., Attorney Joe Taormina guides families through every stage of probate, including estates where heirs or executors live outside Florida.
Florida-Specific Considerations for Out-of-State Probate
Ancillary Probate: If the decedent lived in another state but owned property in Florida, an ancillary probate may be required. This is a secondary probate proceeding handled in Florida courts to transfer Florida property.
Homestead Laws: Florida has unique homestead protections that affect how real estate is passed down. Even if you live out of state, these rules may apply to inherited property.
Creditor Period: Florida law requires a 90-day window for creditors to file claims. This must be completed before assets can be fully distributed.
Conclusion: You Don’t Have to Travel to Florida for Probate
If you are an out-of-state heir or personal representative, you may be relieved to know that most Florida probate cases do not require you to appear in person. With the guidance of a skilled Orlando probate attorney, nearly everything can be handled remotely.
If you or your family are facing probate in Florida, contact Attorney Joe Taormina at Taormina Law, P.A. for trusted guidance. Joe and his team are committed to making the probate process as smooth as possible for out-of-state clients.
📞 Call today or visit TaorminaLawPA.com to schedule a consultation.
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