Detailed Answer
Under Florida law, heirs can often transfer an out-of-state property interest without formal ancillary probate when they meet the criteria for summary administration or use a small-estate affidavit coupled with the out-of-state jurisdiction’s simplified transfer procedures. Here are the key steps:
- Evaluate Eligibility for Summary Administration
Florida’s §735.201 allows summary administration if either:- The decedent died more than two years ago; or
- The estate’s Florida and out-of-state assets total $75,000 or less (excluding homestead).
- File a Petition for Summary Administration
File Form #PR-7 in the decedent’s Florida county of domicile. Identify the out-of-state real property by legal description and address. List all heirs and their Florida addresses. Request an Order of Summary Administration under §735.205. - Obtain the Court’s Order
Once the judge signs the Order of Summary Administration, the court clerk issues a certified copy. This Order empowers heirs to take possession of all assets, including real property outside Florida. - Prepare Transfer Documents for the Other State
Research the property state’s simplified transfer process. Many states allow recording of:- An authenticated copy of the Florida Order; and
- An Affidavit of Domicile or Affidavit of Heirship signed by all heirs, identifying their shares.
- Record in the Property State
Submit the certified Order and affidavits to the county clerk or recorder where the property sits. Record a deed—commonly a quitclaim or beneficiary deed—transferring title from the decedent to the heirs. Pay any local transfer taxes and recording fees. - Clear Title and Update Records
Obtain a new title policy or endorsement in the heirs’ names. Notify any homeowners’ association or mortgage lender, if applicable. Update property tax records with the new ownership.
If the estate exceeds the summary-administration threshold, or if the other state requires formal ancillary probate for real estate, consider consulting a local probate attorney in that jurisdiction.
Helpful Hints
- Confirm total estate value.
Combine Florida and out-of-state assets to verify eligibility under §735.201. - List heirs accurately.
Include full names, relationships, and addresses to avoid delays. - Get certified copies.
Ensure the court issues a certified or exemplified copy of the summary order for out-of-state recording. - Check recording requirements.
Some states demand apostilles or additional notarization for foreign (to them) documents. - Budget for fees.
Account for court filing, recording, deed preparation, and transfer taxes.
Disclaimer: This article provides general information under Florida law and does not constitute legal advice. Consult an attorney in each relevant jurisdiction to address your specific situation.