Opening Probate in Florida When You Live Out of State: A Practical FAQ

Note: This article explains how to start probate in Florida when you live in another state. It provides general information only and is not legal advice.

Detailed Answer

If a sibling died owning assets subject to Florida probate, you can open probate in Florida even if you live out of state. Florida law generally requires administration in the circuit court of the county where the decedent was domiciled at death or, for Florida real property, in the county where the property is located. See Florida probate statutes: Chapter 733 (administration) and Chapter 735 (summary and informal procedures). For the statutes, see: Fla. Stat. ch. 733 and Fla. Stat. ch. 735.

Here are the main practical points and steps you will encounter:

1. Decide whether probate is required.

   Not every estate needs full probate. Florida offers alternatives such as summary administration and disposition of personal property without administration. These procedures can be faster and cheaper when the estate is small or the decedent has been dead for more than two years. Check Chapter 735 for details and thresholds that may apply to your situation: Fla. Stat. ch. 735.

2. Identify the proper county and court.

   File in the circuit court of the county where the decedent was domiciled at the time of death. If the deceased was not a Florida resident but owned Florida real property, file an ancillary proceeding in the county where the property sits. The clerk of that circuit court handles probate filings.

3. Gather required documents.

   Typical documents you will need: the original will (if any), a certified death certificate, an asset list (bank accounts, real estate, investments), the decedent’s recent bills and account statements, and contact information for heirs and known creditors. The court will tell you which forms to file when you start the case.

4. Choose the type of administration to seek.

   If a will names an executor (personal representative), you normally petition for formal administration or, if eligible, summary administration. If there is no will, an interested person (usually an heir) can petition to be appointed as the personal representative under Florida’s intestacy rules. The court issues Letters of Administration or Letters Testamentary that give legal authority to act for the estate.

5. Filing the petition and serving notices.

   To start probate you or your Florida attorney files a petition for administration with the clerk. The petition must include information about heirs, beneficiaries, assets, and the nominated personal representative. The law requires formal notice to certain people and publication or notice to creditors where appropriate. The clerk or local court website can list required forms and fee amounts.

6. Nonresident personal representatives.

   Florida courts can appoint a nonresident as personal representative. Being out-of-state does not automatically disqualify you. However, practical issues arise: you will need a local mailing address for court records and service, and you may need someone in Florida to receive process and handle in-person tasks. Many nonresident personal representatives hire a local probate attorney or a local agent to manage filings, keep the estate’s records in Florida, and attend court appearances if needed.

7. After appointment: duties and timeline.

   Once appointed, the personal representative collects and secures estate assets, notifies beneficiaries and creditors, pays valid debts and taxes, files inventories/accounting as required, and distributes assets under the will or Florida intestacy law. Some filings must occur promptly; other actions may take months. Hiring a local lawyer helps ensure you meet notice, filing, and tax deadlines.

8. Closing the estate.

   After debts and taxes resolve and assets distribute to beneficiaries, you file a final accounting or affidavit and a petition for discharge. The court then closes the administration and releases the personal representative from further responsibilities.

Practical Example (Hypothetical)

Suppose your Florida-domiciled sibling died owning a house in Miami and several bank accounts. You live in another state and are named as the executor. You would:

• Obtain several certified copies of the death certificate.
• Locate the original will and contact a Florida probate attorney in Miami-Dade County or the circuit court clerk for forms.
• File a petition for administration in Miami-Dade circuit court with the will attached.
• Ask the court to appoint you as personal representative. If appointed, obtain Letters Testamentary from the clerk, which banks and title companies will accept.
• Hire a Florida attorney or agent to handle in-person tasks (court hearings, property transfers, closing accounts) while you manage decisions remotely.

Helpful Hints

• Contact the clerk of the circuit court in the county where the decedent lived. Clerks publish probate forms, fee schedules, and local requirements.
• Check whether the estate qualifies for summary administration or disposition without administration under Fla. Stat. ch. 735. Those procedures can save time and cost.
• Keep careful records and copies of every probate filing, bill paid, and asset transfer. You will need them for the final accounting and to defend decisions to beneficiaries or creditors.
• If you accept appointment as personal representative from out of state, provide the court a reliable Florida mailing address or list your Florida attorney as agent for service of process.
• Ask potential probate attorneys whether they charge a flat fee for straightforward administrations or work hourly. Confirm who will attend court and handle closings in person.
• Consider local real estate professionals if the estate includes Florida real estate: selling property often requires local agents, inspections, and closing attorneys or title companies.
• Expect creditor claims and give required notices promptly. Missing notice deadlines can lead to personal liability or complications in closing the estate.
• Keep beneficiaries informed. Clear communication reduces delays and disputes.

Where to find official information: Florida probate statutes and chapters referenced above: Chapter 733 (administration) and Chapter 735 (summary and disposition procedures). The Florida Courts website (https://www.flcourts.org) also offers general probate resources and links to local clerk offices.

Disclaimer: This article provides general information about Florida probate and does not create an attorney–client relationship. It is not legal advice. For advice tailored to your situation, consult a licensed Florida probate attorney.