To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

Navigating ancillary probate in Florida


After losing a loved one, the prospect of navigating probate can be daunting – all the more so when they owned property in multiple states. It’s a common scenario in Florida, where many people own vacation properties. Frequently, their primary residence is in another state. Their will, family members and personal representative (sometimes called “executor” in other states) aren’t in Florida. Nonetheless, separate probate proceedings – called “ancillary probate” – may be necessary to deal with the Florida property.


Understanding the procedure

Ancillary probate proceedings in Florida follow Florida law and procedure. Depending on the value of the Florida property, the estate might follow either formal or summary procedures. Most real estate falls under the formal probate process, which involves posting bond, filing an authenticated will, notifying creditors, preparing an inventory, securing appraisals, paying taxes and completing numerous other steps – all in addition to the probate proceedings in the decedent’s home state (called the “domiciliary probate”).

Florida courts will apply Florida law as it pertains to the Florida property, even if the will was executed in another state. The personal representative for ancillary proceedings must be either a Florida resident or a close relative of the decedent.

How to keep costs down and avoid missteps

The key to navigating ancillary probate in Florida lies in hiring the right local legal counsel. A qualified Florida attorney can assist with:

  • Appointing a personal representative for the ancillary estate
  • Obtaining correct documentation from the domiciliary proceedings
  • Providing guidance and counsel on Florida probate requirements
  • Representing the estate in Florida court filings and appearances
  • Minimizing delays and avoiding costly missteps

Enlisting experienced legal counsel goes a long way toward successfully completing the ancillary probate process.

No Comments

Leave a comment
Comment Information

Request Your Free Telephone Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.


North Office
950 S. Winter Park Dr
Suite 290
Casselberry, FL 32707

Toll Free: 888-681-4389
Casselberry Law Office Map

South Office
14115 Town Loop Blvd #300
Orlando, FL 32837

Toll Free: 888-681-4389
Orlando Law Office Map

At Korshak & Associates, P.A. we love feedback from our clients. Please take a moment and tell us how we’re doing!

Review Us