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Florida: How to Settle a Parent’s Estate in Florida and Handle Property in Another State

August 18, 2025 7 min read

Detailed Answer

When a parent dies who was domiciled in Florida but owned property in another state, you will usually need to handle probate (or an alternative transfer process) in Florida and also take steps where the out‑of‑state property is located. Below is a clear, step‑by‑step explanation of how this commonly works under Florida law, followed by practical notes about out‑of‑state property.

1. Immediate practical steps

  • Obtain several certified copies of the death certificate from the funeral home or the state vital records office. You will need these to close accounts and transfer title.
  • Secure the decedent’s property (home, vehicles, safe deposit boxes) and important papers (will, deeds, insurance policies, bank statements, account beneficiary forms, tax returns).
  • Locate the decedent’s will (if any) and note any named personal representative (executor) or trustee.

2. Decide whether probate in Florida is required and which type

In Florida, whether you must open a probate administration depends on the types of assets the decedent owned and how title passed (joint tenancy, beneficiary designations, trusts, etc.). Florida’s probate code governs formal administration and alternatives. See Florida Probate: Chapter 733 (administration of estates) and Chapter 735 (summary administration and disposition without administration): Ch. 733 and Ch. 735.

Common alternatives to full administration:

  • Summary administration (shorter process) — available under Florida law in certain circumstances (for small estates or when the decedent died more than two years earlier). See Chapter 735 for details: Fla. Stat. Ch. 735.
  • Disposition without administration — limited situations where certain personal property may transfer without opening probate. See Chapter 735.

3. Open probate in the Florida county where the decedent was domiciled

If you need to open probate, file the petition in the circuit court of the county where the decedent lived. The court will appoint a personal representative (PR) who will have authority to gather assets, pay debts and taxes, and distribute property under Florida law. Florida’s probate rules and procedures are in Chapters 733 and 735 (linked above).

4. Duties of the personal representative

  • Give notice to creditors and publish notice if required.
  • Inventory estate assets and value them.
  • Pay valid debts, funeral expenses, and taxes from estate assets in the order established by Florida law (see Ch. 733).
  • File required tax returns (final federal and state income tax returns; if applicable, estate tax filings).
  • Distribute remaining assets to heirs or beneficiaries according to the will or Florida intestacy rules (Chapter 732): Ch. 732.
  • Provide the court with a final accounting and seek discharge when administration is complete.

5. Handling property located outside Florida (ancillary probate or other transfer options)

Property located in another state is governed by the law and courts of that state. Common scenarios and steps:

  • Real property (land or a house) in another state: You will usually need to open an ancillary probate or ancillary administration in the state where the real property is located so a court there can authorize transfer or sale of the property. The Florida personal representative may be appointed as the ancillary administrator, or that state may appoint a local ancillary personal representative for limited purposes.
  • Tangible personal property (cars, jewelry) or bank accounts in another state: Many states permit transfer of small personal property by affidavit or a small‑estate affidavit without a full probate. Check the other state’s small‑estate rules. If the other state accepts a certified copy of the Florida probate documents, that may be sufficient; otherwise, ancillary probate could be needed.
  • Out‑of‑state titled assets (vehicles, stocks held with local custodian): Each state or financial institution has procedures. Provide certified death certificate, letters of administration or testamentary from Florida, and comply with local transfer requirements.

Because procedures differ by state, consult the probate court or a probate attorney in the state where the property sits. The Florida probate court cannot directly change title to land in a different state.

6. Coordination between Florida probate and the other state

Typical coordination steps:

  1. Complete Florida probate steps to obtain Letters of Administration or Letters Testamentary from the Florida court.
  2. Use certified copies of those letters and the death certificate as evidence in the other state’s court or to present to the local recorder’s office or title company.
  3. If ancillary probate is required, file for ancillary administration in the state where the property is located, attaching Florida letters and the will (if any).
  4. Once the other state’s court grants authority, transfer or sell the out‑of‑state asset according to that state’s orders.

7. Taxes and final distributions

  • Address any income tax returns for the year of death and any required state returns in both Florida and the other state (note: Florida has no state income tax, but the other state may).
  • If the estate is large, determine whether federal estate tax or state estate/inheritance taxes apply and file required returns.
  • Distribute assets only after liabilities, expenses, and taxes are paid or properly provided for.

8. Timeframe and costs

Probate timelines vary: simple summary administrations can finish in a few months; full administrations often take a year or more. Ancillary administrations add time and cost. Expect court filing fees, possible publication costs, and attorney fees unless heirs handle tasks themselves.

9. When you may not need probate in Florida

  • Assets that pass outside probate by beneficiary designation (life insurance, retirement accounts, payable‑on‑death bank accounts) transfer directly to the named beneficiaries.
  • Property held in joint tenancy with right of survivorship usually passes automatically to the surviving joint owner.
  • Property held in a revocable trust typically passes under the trust terms without probate.

Example (hypothetical)

Imagine your parent lived in Miami and left a home in Miami and a vacation condo in North Carolina. You would:

  1. Secure the Miami home and gather documents.
  2. Open probate in Miami‑Dade County (if required) and obtain Letters of Administration.
  3. Use certified Florida letters and the death certificate to either transfer the North Carolina condo under North Carolina’s rules or open ancillary probate in North Carolina so a local court can authorize distribution or sale.
  4. Coordinate payment of debts and file any tax returns, then distribute assets as directed by the Florida court and by any North Carolina court orders affecting the condo.

Key Florida statutes and resources

Helpful Hints

  • Get several certified death certificates early — many institutions require originals.
  • Create a central file (paper and/or digital) with the will, deeds, titles, account statements, insurance policies, and tax returns.
  • Check whether assets have beneficiary designations or are jointly owned before starting probate; these can avoid probate for some items.
  • Contact the county clerk’s probate division in the Florida county where the decedent lived for local filing procedures and fee schedules.
  • For out‑of‑state real estate, contact an attorney in the state where the property is located early — local counsel can explain whether ancillary probate is necessary or whether a local affidavit process exists.
  • Ask banks and title companies what paperwork they require to transfer out‑of‑state assets; sometimes a certified Florida court document will suffice.
  • Keep careful records of all estate transactions and communications. The personal representative may be required to render an accounting to the court and heirs.
  • If you are a beneficiary and there are disagreements, raise concerns promptly; many disputes are easiest to resolve before assets are distributed.

Disclaimer: This article provides general information about Florida probate and out‑of‑state property procedures. It is not legal advice and does not create an attorney‑client relationship. For advice tailored to your situation, especially about ancillary probate in the other state, consult a licensed attorney in Florida and in the state where the out‑of‑state property is located.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.