Janice from New Mexico reached out with a common question involving out-of-state probate and Florida real estate:
“My mom owned a parcel of land in Lee County but was a resident of New Mexico. She died last May and we’re done with probate there. Can I just file the death certificate and deed it to me and my sister? Or do I have to go through probate in Florida as well?”
“Quick” Answer:
Yes, you’ll need probate in Florida—even if probate has already been completed in your home state.
Here’s why:
If your mom owned real property in Florida at the time of her death (like land, a home, or a condo), she legally left behind an estate in Florida, regardless of where she actually lived. This means you must open a Florida probate case in order to legally transfer that property to her heirs.
What Type of Probate Might Apply?
The good news is that, depending on the situation, you might qualify for a simplified version of Florida probate:
- Summary Administration – Florida’s short-form probate, available if the estate is valued under a certain limit or if the decedent has been deceased for more than two years.
- Ancillary Summary Administration – A special type of summary administration specifically for out-of-state residents who owned property in Florida. This may be the right process in Janice’s case.
This type of probate is typically faster and less expensive than full formal administration. However, it still must be filed with the Florida court that has jurisdiction—in this case, Lee County.
Why Probate is Still Required
You cannot transfer title to Florida real estate by simply recording a death certificate. That only works if the property was jointly owned with rights of survivorship or placed into a trust or similar instrument before death.
If the Florida property was titled solely in your mom’s name, it must pass through Florida probate before a legal transfer can happen.
Final Thoughts
📌 If your loved one lived out of state but owned Florida property, a second probate—called an ancillary probate—is required. Don’t assume that finishing probate in the home state is the end of the process.
Need help with Florida ancillary probate or summary administration?
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