If you live in Boca Raton, you already know how many residents split their year between Florida and somewhere up north. That snowbird lifestyle creates a probate situation many families do not see coming: ancillary probate. This guide explains, in plain English, what it is and when your family will face it.
What Ancillary Probate Actually Is
Probate is the court process that transfers a deceased person’s assets to their heirs. It normally happens in the state where the person legally lived (their domicile). But probate courts only have authority over property within their own state’s borders. So when someone who lived in New York, New Jersey, Ohio, or Canada dies owning real estate in Florida, the main probate happens up north, and a second, smaller proceeding is opened here in Florida to handle the Florida property. That second proceeding is ancillary probate, governed by Florida Statutes section 734.102.
When a Boca Raton Family Needs It
The most common trigger in our area is a vacation condo or seasonal home titled in the deceased person’s name alone. Picture a parent who lived in Connecticut but owned a unit near Mizner Park or a single-family home west of Boca. If that Florida real estate was held in the individual’s name, with no surviving co-owner and no beneficiary designation, ancillary probate is usually required before the property can be sold or transferred.
You may also need it when a non-resident owned a Florida bank account, a boat docked locally, or a mortgage or promissory note owed by a Florida resident.
What You Can Skip
Not every out-of-state owner triggers ancillary probate. You typically avoid it when the Florida property passes automatically, including:
- Property held as joint tenants with right of survivorship or as tenancy by the entirety between spouses;
- Real estate transferred by a Lady Bird (enhanced life estate) deed, which lets the property pass to named beneficiaries outside probate;
- Property already titled in a revocable living trust under Chapter 736;
- Accounts with a payable-on-death or transfer-on-death designation.
This is exactly why estate planning attorneys often recommend a trust or a Lady Bird deed for snowbirds who buy here.
How the Florida Process Works
Florida law gives ancillary administration a helpful shortcut. Under section 734.102, if the deceased had a valid will that was already admitted to probate in their home state, that authenticated will and the foreign court record can be filed here, and Florida can recognize it without re-proving the will from scratch. The personal representative named in the original estate generally has priority to serve here too. Florida requires a personal representative who is either a Florida resident or a close relative, so families often coordinate with local counsel.
The ancillary case still follows core Florida rules: notice to creditors, a claims period, and proper transfer or sale of the Florida asset. Florida charges no state estate or inheritance tax, which is one reason these out-of-state owners chose Florida in the first place.
Why It Pays to Plan Ahead
Ancillary probate is rarely complicated, but it does add a second court process, additional filing requirements, and time before a Boca Raton property can be sold. Families who set up a trust or a Lady Bird deed during life can often spare their heirs this entirely.
Talk With a Florida Attorney
Every situation depends on how the Florida property is titled and what the home-state estate looks like. Because ancillary probate sits at the intersection of two states’ laws, it is wise to consult a licensed Florida probate attorney who can review the deed, the will, and your options before filing.
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For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
