What Is Ancillary Probate? (Florida Guide for Out-of-State Property Owners)
If you live in Florida but own real estate in another state, your family may face a second probate case after your death. That second proceeding is called ancillary probate.
What Is Ancillary Probate?
Ancillary probate is a separate probate proceeding opened in a different state when a deceased person owned real property there.
Primary (domiciliary) probate = opened in the state where you lived
Ancillary probate = opened in any other state where you owned real estate
Florida courts cannot transfer title to property located in another state. Each state controls real estate within its borders.
When Does Ancillary Probate Apply?
Ancillary probate is typically required if a Florida resident owned:
A vacation home in Michigan
A beach condo in Alabama
Hunting land in Georgia
A mountain cabin in North Carolina
It is usually not required for:
Bank accounts
Brokerage accounts
Retirement accounts
Life insurance
Those assets pass under Florida probate rules.
Why Ancillary Probate Matters
Ancillary probate means:
Two court systems
Additional filing fees
Possible second attorney
Extra time and administrative burden
For families already navigating loss, this can create unnecessary stress and expense.
How to Avoid Ancillary Probate in Florida
Most ancillary probate can be avoided with proper estate planning.
1. Revocable Living Trust
Transferring out-of-state property into a properly funded trust avoids probate entirely — in all states.
2. LLC Ownership
Owning real estate through an LLC may avoid ancillary probate because heirs inherit the membership interest rather than the property itself.
3. Transfer-on-Death or Enhanced Life Estate Deeds
Some states allow deeds that automatically transfer property at death without probate. Laws vary by state.
Florida Estate Planning Tip
Florida is home to many retirees who still own property “back home.” If that applies to you, your estate plan should specifically address out-of-state real estate.
A coordinated trust-based plan can often eliminate multiple probate proceedings and simplify administration for your family.