Florida Ancillary Probate Checklist – Complete Documents List

Oct 12, 2025
|

Navigating probate can feel overwhelming for families left behind. When a deceased relative lived outside Florida but owned property in Florida, it can be confusing to know what to do. A Florida ancillary probate checklist can help ensure legal compliance and streamline the probate process in FL.

Hire an Ancillary Probate Lawyer to Help You During This Time

Mr. Oberdorfer of the Law Office of Douglas A. Oberdorfer, P.A., has helped many families navigate the grieving process while handling probate. Since 2003, we’ve made it our mission to provide families with transparent legal guidance so the probate process doesn’t get even more confusing.

We value honesty and efficiency above all else. During your consultation with Mr. Oberdorfer, you’ll be able to explain your situation and learn what steps you’ll need to take to ensure legal compliance.

What Is Ancillary Probate?

Between 2021 and 2022, there were 77,344 probate cases filed in the state of Florida. If someone who lives outside Florida dies while owning property, money, or liens in Florida, their estate may need an ancillary administration, which is a secondary probate process.

If the person’s will specifically names someone to handle their Florida property, called a personal representative, that person can ask the court to be appointed as the ancillary personal representative. If there is no valid will, the person with the largest share of the Florida property can choose a qualified personal representative. If the person who lived outside Florida dies with a valid will and the property owned in Florida is worth less than $50,000, a simplified process may be used instead of full ancillary probate.

Documents Needed for Ancillary Probate

The personal representative has to file certain official documents from the other state’s probate case. These must be filed with the court in the Florida county where the property is located. These documents include:

  1. The deceased’s death certificate
  2. An authenticated copy of the foreign will
  3. The original petition for probate in the home state
  4. The home state’s court order accepting and admitting the will
  5. Information showing who the beneficiaries are

The Ancillary Probate Process

If the deceased’s will meets Florida’s legal requirements, the court can accept it for probate. The ancillary probate process is as similar as possible to a regular Florida probate case. This process includes:

  1. Gathering the deceased’s assets that they owned in Florida. The average home value in Florida was $377,066 in 2026, underscoring the need to handle assets carefully.
  2. Notifying creditors and allowing them to file a legal claim to pay any outstanding debts, taxes, or bills on the Florida property
  3. Distributing the Florida property to the beneficiaries named in the deceased’s will

Experienced Probate Lawyer in Florida

Probate is already confusing on its own. When a loved one owns property in another state, the laws become even more complex. Be sure to hire an ancillary probate lawyer to help you. Reach out to our office today to set up your consultation with Mr. Oberdorfer.

The team at the Law Office of Douglas A. Oberdorfer, P.A., has decades of experience in ancillary probate cases. We’ve seen it all and can assist you during the process.

Recent Posts

Categories

Archives

How Can We Help You?

Contact The Firm Today

Reach Out Today For Clarity, Guidance And Support

Fields marked with an “*” are required