Selling a Florida House Through Ancillary Probate Administration

When someone who lived in another state dies owning a Florida house, that Florida property generally can't be handled through the probate proceeding in their home state alone. Florida has a separate process, called ancillary administration, for exactly this situation. Here's the general framework, and where selling the property fits in.

What ancillary administration is

Under Florida Statute 734.102, ancillary administration is a Florida probate proceeding that applies when a nonresident of Florida dies leaving assets in the state, such as real property, credits due from Florida residents, or liens on Florida property. It's called "ancillary" because it runs alongside the primary, or domiciliary, probate proceeding that generally takes place in the decedent's home state; it doesn't replace that proceeding, it specifically addresses the Florida assets.

Who can be appointed to handle it

F.S. 734.102 sets out an order of preference for who is entitled to be appointed as the ancillary personal representative. If the decedent's will specifically names someone to administer the Florida property, that person is generally entitled to ancillary letters if qualified to act in Florida. If not, the foreign personal representative already handling the primary estate is generally entitled to letters if qualified to act in Florida. The statute sets out further alternatives, including a named alternate or successor in the will, or a representative selected by those holding a majority interest in the Florida property, if the earlier options don't apply. If the ancillary letters are sought by someone other than the domiciliary personal representative, the statute requires prior notice to that domiciliary representative.

How this process generally proceeds

Under F.S. 734.102, ancillary administration is commenced as provided by the Florida Probate Rules, and if the decedent left a will that was properly executed under the Florida Probate Code, it's admitted to probate in the ancillary proceeding. The statute requires the ancillary personal representative to give bond as personal representatives generally do, and states that proceedings for appointment and administration are to be as similar to an original Florida probate administration as possible. This is a formal court process; the specific steps and timeline for a particular estate are something a Florida probate attorney handling the ancillary administration determines.

Where a sale fits

Once an ancillary personal representative is properly appointed, they generally have authority to act on behalf of the estate with respect to the Florida property, which can include arranging a sale, though the specific scope of that authority, any required court approval, and the timing depend on the estate and the terms of the appointment. This is the same whether the eventual buyer is financing the purchase or paying cash for an as-is sale; the underlying probate authority to sell the property doesn't change based on how the sale is structured. This article explains the general statutory framework only; the personal representative's Florida probate attorney is the right resource to confirm what's required before a specific Florida property can be sold.

Frequently asked questions

What is ancillary administration in Florida?

Under F.S. 734.102, ancillary administration is a Florida probate proceeding for the estate of someone who was not a Florida resident when they died but who left assets in Florida, such as a house. It runs alongside, not instead of, the primary probate proceeding in the decedent's home state.

Who can be appointed personal representative in a Florida ancillary administration?

Under F.S. 734.102, if the decedent's will specifically names someone to administer the Florida property, that person is generally entitled to ancillary letters if qualified to act in Florida. Otherwise, the personal representative already appointed in the decedent's home state is generally entitled to letters if qualified to act in Florida, with the statute setting out further alternatives if that person isn't qualified. This article states the statute's general framework only; who actually qualifies and how to apply is a question for a Florida probate attorney handling the specific estate.

Does every out-of-state decedent's Florida property require ancillary administration?

This article does not make that determination. Whether a specific Florida property requires ancillary administration, qualifies for a different process, or is affected by other estate-planning tools the decedent may have used is a question for a Florida probate attorney reviewing the specific estate, not something addressed here.

Can a Florida house be sold once ancillary administration is underway?

Generally, an ancillary personal representative can act to administer the Florida property once properly appointed, which can include a sale, but the specific authority, timing, and any required court approval depend on the estate and the terms of the appointment. A Florida probate attorney handling the ancillary administration is the right resource to confirm what's required before a sale can proceed for a specific property.

Handling a Florida house left by an out-of-state family member? Call OfferLink at 407-584-9111. We buy houses as-is across Florida, including Citrus County, Hernando County, and Pasco County. This article is general information, not legal advice. A Florida probate attorney is the right resource for handling a specific ancillary administration.