The Short Answer

In Florida, probate is generally filed based on where the decedent was domiciled (lived) at death—not where the heir lives. If the decedent was not a Florida resident, Florida probate may still be required as an ancillary administration if the decedent owned assets located in Florida (such as Florida real estate).

What Florida Law Says

Florida’s probate “venue” rules focus on the decedent’s domicile and the location of the decedent’s property. That means an heir living in another state does not change where a Florida probate case must be filed. The key questions are: (1) Was the decedent domiciled in Florida? and (2) If not, did the decedent leave property in Florida that requires a Florida court proceeding to transfer title?

The Statute

The primary law governing this issue is Fla. Stat. § 733.101 (Venue of probate proceedings).

This statute establishes that probate venue is in the Florida county where the decedent was domiciled; if the decedent had no Florida domicile, venue may be in a Florida county where the decedent’s property is located (and, if no property is located in Florida, potentially where a debtor resides).

If the decedent was a nonresident but left assets in Florida, Florida law also provides for ancillary administration to handle the Florida-based property. See Fla. Stat. § 734.102.

For additional background reading, you may find these helpful: using an out-of-state probate order in Florida and how to check whether a Florida probate estate is open.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If a Florida ancillary administration is needed, creditor notice and claim deadlines can affect what the estate ultimately pays and what beneficiaries receive (Florida’s ancillary administration statute ties creditor procedures to chapter 733). See Fla. Stat. § 734.102.
• Burden of Proof: “Domicile” can be disputed (multiple residences, recent moves, homestead issues), and the correct venue can turn on facts and documentation.
• Exceptions and Asset Types: Some assets pass outside probate (beneficiary designations, certain jointly titled assets), while Florida real estate often triggers Florida court involvement even when the main estate is opened elsewhere.

Filing in the wrong county, choosing the wrong type of administration, or misunderstanding what must be handled in Florida versus the home state can create delays, extra costs, and avoidable disputes among heirs.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.