Understanding Probate: Navigating Multi-State Property and Florida’s Unique Rules
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- 4 min read
When someone passes away, handling their estate can feel like solving a legal puzzle - especially when real
estate is involved across state lines. Whether you’re a Florida resident with property elsewhere, or an out-of-state heir managing an estate in Naples, understanding probate in Florida is essential. Let’s break down the key types of probate you might encounter and how they interact, especially when property ownership spans multiple states.
1. Domiciliary vs. Ancillary Probate: Location Matters
Probate is the legal process used to validate a will, settle debts, and distribute assets. But where the probate happens - and why - isn’t always simple.
Domiciliary Probate
This is the primary probate proceeding, initiated in the state where the deceased permanently resided (their “domicile”). If someone lived full-time in Naples, for example, their estate’s main probate would take place in Collier County. This proceeding covers personal property and real estate located within the state of Florida.
Ancillary Probate
Things get more complex if the decedent also owned property in other states. That’s where ancillary probate comes in. If a Michigan resident owned a beach condo in Naples, their estate would go through the main probate in Michigan (domiciliary) and an ancillary probate in Florida - just to handle the Florida property.
Why It Matters:
Each state has its own probate laws. Florida courts can’t legally transfer title to property in New York, and vice versa. So, separate probate processes are needed in each state where real estate is owned.
2. Formal vs. Summary Administration: Size and Timing Make the Difference
In Florida, probate can proceed through two main paths: formal administration or summary administration. The right route depends largely on the estate’s size and the time that has passed since death.
Formal Administration
This is Florida’s full, traditional probate process. It’s generally required when:
The estate is worth more than $75,000 (excluding exempt assets like homestead property).
The person passed away less than two years ago.
It involves appointing a personal representative (executor), notifying creditors, resolving claims, and gaining court approval before distributing assets. While more thorough, it also tends to be more time-consuming and expensive.
Summary Administration
This streamlined process is available when:
The estate’s non-exempt assets total less than $75,000, or
The decedent has been deceased for more than two years.
Summary administration does not require the appointment of a personal representative and can be completed more quickly. However, it’s not always ideal - beneficiaries may become liable for any lingering debts.
3. How These Overlap: Common Scenarios in Naples and Beyond
In real life, these types often overlap:
A Florida resident who owns a vacation cabin in North Carolina may need domiciliary probate in Florida and ancillary probate in North Carolina.
A New Jersey resident who owned a Naples condo will trigger ancillary probate in Florida, possibly through formal or summary administration depending on the condo’s value and how much time has passed.
A property worth $100,000 would likely need formal probate unless two years have elapsed, in which case summary might be an option.
This mix-and-match of probate types is particularly common in Southwest Florida, where out-of-state residents frequently invest in second homes or condos.
4. Key Considerations and Helpful Tips
Homestead Property in Florida: Florida law offers strong protections for primary residences. Homestead status can exempt a property from creditors and may speed up probate in some cases.
Joint Ownership: Assets titled as joint tenants with rights of survivorship or tenants by the entirety often pass outside of probate altogether - so how title is held really matters.
Trust Planning: Revocable living trusts can help avoid probate entirely (in all states), which is often a smart strategy when owning property across jurisdictions.
Attorney Involvement: While summary administration is simpler, consulting a Florida probate attorney - even for ancillary cases - is highly recommended, especially with real estate involved.
Out-of-State Executors: If the executor named in a will resides outside Florida, they may need to work with a local Florida representative or hire legal counsel to assist with the Florida portion of the estate.
Property Title Issues: If a property wasn’t retitled after a previous owner’s passing, it could complicate matters for current heirs. Always check the chain of title before proceeding with probate.
5. Frequently Asked Questions
Can I avoid ancillary probate in Florida if I’m from another state?
Yes - by placing the Florida property into a trust or converting ownership to a Florida-based LLC, you can potentially avoid probate altogether. These steps, however, must be taken during the owner's lifetime.
What happens if no probate is opened in Florida for an out-of-state owner?
The property remains in the deceased’s name, and no legal transfer can happen- meaning heirs can’t sell, mortgage, or lease it. Ancillary probate is the necessary legal step to retitle it.
Does Florida recognize wills from other states?
Generally, yes - if the will was valid under the laws of the state where it was executed. Still, it must be “admitted to probate” in Florida through ancillary proceedings.
Final Thoughts: Real Estate and Probate Go Hand-in-Hand
For many families dealing with probate, navigating state lines and legal rules can feel overwhelming. But understanding these four categories - domiciliary vs. ancillary and formal vs. summary - can bring clarity. If you’re an heir to Naples property or you’re planning your own estate with homes in multiple states, speaking with an estate attorney and a local real estate expert can save you time, money, and stress.
And that’s where I come in.
Disclaimer: I am not an attorney, and the information provided in this blog is intended solely for general informational purposes. It should not be construed as legal advice or a substitute for consultation with a qualified legal professional. If you have questions regarding probate, estate planning, or any legal matters, I strongly encourage you to consult with a licensed attorney who can provide guidance tailored to your specific situation.
As Your Naples Real Estate Expert, I’ve helped many families navigate real estate transitions during sensitive life moments, including inheritance, probate, and estate sales. Whether you’re preparing to sell a property in probate or want to make smart plans for the future, I’m here to help.
Renee Hahn
Ranked in the top 0.5% in the Nation
📍 Naples, Florida
📞 (239) 287-2576
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