Florida has long been a destination for retirees, investors, and vacationers. As a result, many non-residents own real estate here—whether it’s a beachfront condo, a rental property, or a seasonal second home. But when a non-resident property owner passes away, their out-of-state estate must often navigate Florida’s ancillary probate process to transfer the Florida-based assets properly.
At Verras Law, we assist families and personal representatives nationwide with handling Florida property in probate. If your loved one passed away owning real estate in Palm Harbor, Tampa, St. Petersburg, or elsewhere in Florida, understanding the local probate requirements is crucial.
What Is Ancillary Probate in Florida?
Ancillary probate is a secondary probate process required when a deceased individual (the decedent) lived in another state but owned real estate or other tangible property in Florida.
Here’s how it works:
- The decedent’s primary probate proceeding takes place in their home state.
- An ancillary probate must be opened in Florida to transfer or sell the property in Florida legally.
- The Florida court ensures that local property is distributed according to the decedent’s will or, if no will exists, Florida intestacy laws.
If the decedent had a valid will from another state, Florida courts generally honor it, as long as it complies with Florida’s legal standards.
When Is Ancillary Probate Required?
Ancillary probate in Florida is typically required when:
- The deceased was not a Florida resident at the time of death.
- The deceased owned real property (land, condo, home, etc.) located in Florida.
- Title to the property must be legally transferred to heirs, beneficiaries, or sold.
Non-real estate assets, such as Florida-based bank accounts or vehicles, may also require ancillary probate under certain circumstances, but real estate is the most common trigger.
Tax Implications for Non-Resident Property Owners
Florida does not have a state estate tax or inheritance tax. However, non-residents should be aware of several tax issues:
Federal Estate Tax
If the decedent’s estate exceeds the federal estate tax exemption (currently $13.99 million in 2025), federal estate taxes may apply. Florida property owned by a non-resident counts toward this total.
Capital Gains Tax
Heirs who sell inherited Florida property may be subject to capital gains tax on the appreciation of the asset since the decedent’s death, based on the property’s stepped-up basis.
Income Tax in Home State
While Florida has no income tax, the decedent’s home state may still impose tax on income generated from Florida property, such as rental income.
Proper planning with an estate attorney and tax advisor can help minimize or avoid these taxes.
How to Avoid Ancillary Probate in Florida
While ancillary probate is often necessary, there are legal strategies to avoid it, especially helpful for non-residents who want to simplify matters for their heirs.
Place Florida Property in a Revocable Living Trust
Transferring ownership of your Florida real estate into a revocable living trust ensures that the property passes directly to your beneficiaries without court involvement, whether they live in Florida or not.
Use a Lady Bird Deed (Enhanced Life Estate Deed)
This special type of deed allows you to retain full control of your Florida property during your lifetime, while naming beneficiaries to automatically inherit it upon your death, bypassing probate entirely.
Florida is one of the few states that allows this strategy, and it can be particularly useful for non-residents.
Joint Ownership with Right of Survivorship
Holding Florida real estate jointly with a spouse or other individual with rights of survivorship ensures that ownership passes automatically to the survivor. However, this method may not be suitable in all situations and should be carefully coordinated with your overall estate plan.
Legal Options for Out-of-State Families
If your loved one passed away owning property in Florida, and you are managing the estate from another state, don’t worry—you do not need to travel to Florida to initiate ancillary probate. At Verras Law, we handle the entire process remotely on your behalf.
We can help with:
- Opening an ancillary estate in the appropriate Florida county
- Validating out-of-state wills for use in Florida
- Coordinating with the primary probate attorney in the home state
- Working with title companies and realtors for property sales
- Distributing proceeds or title to beneficiaries
- Resolving any tax or creditor issues involving the Florida property
Contact Verras Law for Ancillary Probate in Florida
Navigating probate is never easy, especially when it crosses state lines. If your family is dealing with Florida real estate in the wake of a loved one’s death, let Verras Law guide you through the ancillary probate process. With offices serving Palm Harbor, Tampa, and St. Petersburg, we assist non-resident families across the U.S. with prompt, reliable service and compassionate legal support.
Contact us today to schedule a consultation and learn how we can help simplify the process and protect your family’s interests in Florida.