When a person passes away, they might own property in more than one state. If this happens, their family often has to handle two separate court cases. If the person lived outside Florida but owned a condo, vacation home or land there, Florida law requires a special step called ancillary probate.
What ancillary probate means
The main legal case starts in the state where the person lived. However, courts in other states do not control property located in Florida. To fix this, a Florida court reviews the will, appoints someone to manage the Florida property, and ensures the estate pays any debts or taxes. After these steps, the property legally passes to the new owners.
How to make the process easier
Families save time and money when they plan ahead. Creating a living trust or owning property jointly with a spouse helps avoid this extra court process. Florida does not allow transfer-on-death deeds. Instead, families can use a Lady Bird deed (also called an Enhanced Life Estate Deed). This document lets property pass automatically to family members without going to court. If a loved one has already died, a Florida lawyer helps handle the paperwork in both states.
Why planning matters
Ancillary probate adds extra steps, time and costs. Planning early keeps things simple and reduces stress. Understanding how Florida rules work helps families protect their assets and makes a difficult time easier to handle.