What is an ancillary probate estate?
- jvtaormina
- Sep 16
- 2 min read
Ancillary probate is a secondary probate case required when a deceased person’s primary residence is in another state, but they owned property in Florida. Common examples include:
A vacation home in Orlando or elsewhere in Florida.
Investment property or rental homes.
Bank accounts or business interests located in Florida.
While the main probate case happens in the person’s home state, Florida law requires a separate probate here to legally transfer ownership of Florida-based property.
Why Is Ancillary Probate Necessary in Florida?
Florida courts only have authority over property located within the state. Even if another state’s court approves the will, that judgment does not automatically transfer real estate or assets in Florida.
Under Florida Statutes Chapter 734, an ancillary probate ensures:
Florida real estate can be transferred to heirs or sold.
Creditors in Florida have an opportunity to file claims.
The estate complies with Florida’s probate procedures.
Without ancillary probate, heirs may run into title problems, disputes, or delays in selling or transferring property.
How Does the Ancillary Probate Process Work?
The process depends on whether the deceased left a valid will:
With a will: The Florida court generally accepts the will already admitted to probate in the home state.
Without a will: Florida’s intestate succession laws determine who inherits the property.
Steps usually include:
Filing authenticated copies of the out-of-state probate documents in Orange County.
Petitioning the court to open an ancillary probate.
Appointment of a Personal Representative (who may or may not be the same person as in the home state probate).
Notifying Florida creditors.
Transferring or selling the Florida property.
Common Questions About Ancillary Probate
How long does ancillary probate take?
It varies based on the estate’s complexity, but many cases in Orange County can be resolved in several months if documents are in order.
Can it be avoided?
Yes, in some cases. Assets titled in a trust, jointly owned property, or accounts with beneficiary designations may bypass ancillary probate.
Do I need a Florida attorney?
Yes. Florida law requires a licensed attorney to represent the Personal Representative in probate cases, including ancillary proceedings.
Get Help From an Orlando Probate Attorney
Ancillary probate can add complications to an already difficult process. At Taormina Law, P.A., Attorney Joe Taormina helps families in Orange County and throughout Florida handle probate cases efficiently, ensuring property is properly transferred and legal requirements are met.
If your loved one passed away owning property in Florida, don’t face the process alone. Contact Attorney Joe Taormina at Taormina Law, P.A. today.
👉 Visit TaorminaLawPA.com to schedule a consultation
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