Managing the estate of a loved one is never simple, especially when you live outside Florida. Many families discover that a deceased relative owned property, bank accounts, or investments in Florida, which often requires a probate case in a Florida court. Fortunately, it is possible to handle probate from another state or even another country with proper planning and legal guidance.
Understanding the probate process in Florida can help beneficiaries, executors, and family members avoid delays and unnecessary complications.
What Is Probate in Florida?
Probate is the legal process used to administer a deceased person’s estate. The court supervises the identification of assets, payment of debts, and distribution of property to heirs or beneficiaries.
In Florida, probate is generally required when a person owns assets solely in their name at the time of death. These assets may include:
- Real estate
- Bank accounts
- Investment accounts
- Vehicles
- Business interests
- Personal property
If the deceased lived outside Florida but owned property in the state, a Florida probate case may still be necessary.
There are two main types of probate proceedings in Florida:
- Formal Administration : Formal Administration is the standard process used when the estate’s value exceeds $75,000 or when the deceased has been gone for less than two years. It involves court supervision and typically takes six months to over a year to complete.
- Summary Administration : Summary Administration is a simplified and faster process available when the total value of the estate subject to probate in Florida is $75,000 or less, or when the decedent has been deceased for more than two years. This is often the preferred route for smaller estates.
Can You File for Florida Probate If You Live Out of State or Abroad?
Yes, you can. However, Florida law places specific requirements on out-of-state and international petitioners that are important to understand before you begin.
Residency Restrictions for Personal Representatives
One of the most significant rules to be aware of is Florida’s restriction on who can serve as a Personal Representative (the person appointed to administer the estate). Under Florida Statute Section 733.304, a non-resident of Florida can only serve as a Personal Representative if they are:
- A legally adopted child or adoptive parent of the deceased
- A spouse, sibling, parent, child, or other close relative of the deceased
- A bank or trust company authorized to conduct business in Florida
This means that if you are a distant relative or a non-relative living outside Florida, you may not be eligible to serve as the Personal Representative. In such cases, you may need to appoint a qualified Florida resident, or a bank or trust company, to serve in that role.
Retaining a Florida-Licensed Attorney Is Mandatory
Florida law requires that all Personal Representatives in formal administration proceedings be represented by a Florida-licensed attorney. This is not optional. Even if you are an attorney yourself but are not licensed in Florida, you will need to retain local legal counsel to handle the probate filing.
This requirement protects the estate and ensures compliance with Florida’s specific probate rules and deadlines. Working with qualified legal counsel also reduces the risk of costly errors that could delay the distribution of assets.
Steps to File Probate in Florida From Another Location
1. Obtain the Death Certificate
The first step is obtaining certified copies of the death certificate. These documents are necessary to open the probate case and notify financial institutions.
If the death occurred outside the United States, additional authentication documents may sometimes be required.
2. Locate the Will
If the deceased left a will, the original document must usually be filed with the Florida probate court in the county where the property is located.
The will identifies beneficiaries and names the personal representative responsible for managing the estate.
3. Determine the Correct Florida County
Probate is generally filed in the county where the deceased lived. If the person lived outside Florida but owned Florida property, probate is filed in the county where the property is located.
For example:
- A condo in Orlando would require filing in Orange County
- Property in Fort Lauderdale would require filing in Broward County
4. Hire a Florida Probate Attorney
Florida law requires an attorney for most probate proceedings. This requirement is especially important for out-of-state or international clients because local legal representation can manage filings, court communications, and deadlines.
A probate attorney can also coordinate remote signing procedures and help avoid unnecessary travel.
5. File the Petition for Administration
The probate process officially begins when the petition is filed with the court. Supporting documents may include:
- Death certificate
- Original will
- List of heirs and beneficiaries
- Estate asset information
Once approved, the court issues documents authorizing the personal representative to act on behalf of the estate.
6. Notify Creditors and Beneficiaries
Florida probate law requires formal notice to creditors and beneficiaries. Creditors are given a limited period to file claims against the estate.
This stage is important because unpaid debts or tax obligations can delay distribution.
7. Collect and Distribute Assets
The personal representative gathers estate assets, pays valid debts, and distributes remaining property according to the will or Florida intestacy laws.
For remote beneficiaries, distributions can often be completed electronically or through mailed documentation.
Challenges of Out-of-State or International Probate
- Document Authentication : International beneficiaries may need notarized or apostilled documents depending on their country of residence.
- Time Zone and Communication Delays : Coordinating with courts, banks, and legal professionals across time zones can slow the process if communication is not organized efficiently.
- Tax Considerations : Some estates may involve federal estate taxes, foreign reporting obligations, or property taxes. International beneficiaries should understand how receiving inherited property may affect tax responsibilities in their home country.
- Florida Homestead Issues : Florida homestead laws can impact inheritance rights and creditor protections. Determining whether property qualifies as homestead is often a key part of probate administration.
Ancillary Probate for Non-Florida Residents
If your loved one was not a Florida resident but owned property here, the process is called ancillary probate. This is a supplementary probate proceeding conducted in Florida alongside the primary probate proceeding in the deceased’s home state or country. The ancillary process follows the same general steps outlined above but is specifically limited to the Florida-based assets.
How Long Does Florida Probate Take?
The timeline varies depending on the estate’s complexity.
Typical estimates include:
- Summary administration: 1 to 3 months
- Formal administration: 6 to 12 months or longer
- Ancillary probate: varies based on the related probate case
Delays may occur when there are creditor disputes, missing documents, real estate sales, or disagreements among heirs. Learn More about How long does probate take?
Work With a Trusted Florida Probate Attorney
Navigating Florida probate from another state or country adds an extra layer of complexity to an already challenging process. Whether you are dealing with real estate in Miami, a bank account in Orlando, or assets scattered across multiple Florida counties, having skilled legal guidance by your side makes a meaningful difference.
Our team of dedicated Florida probate attorneys is here to help you every step of the way. From determining which type of probate applies to your situation, to filing all required court documents on your behalf, we handle the legal complexities so you can focus on what matters most.
Contact us today for a consultation with a knowledgeable Florida probate attorney who understands the unique challenges faced by out-of-state and international clients. We offer remote consultations to accommodate clients from across the U.S. and around the world.
Call 727-235-6005 or schedule a free consultation to get started.