Out-of-state heirs navigate Florida probate by working through a court-supervised process in the county where the deceased lived, even though they themselves live elsewhere. When someone dies without a will (intestate), Florida’s intestacy statutes — not the heirs’ home state laws — decide who inherits, and the estate must be administered in a Florida circuit court. You do not have to relocate to Florida, but you almost always need a Florida-licensed personal representative and attorney to handle the filings, deadlines, and asset transfers on your behalf.
Few situations feel more frustrating than learning a parent or sibling has died in Florida, left no will, and you — the heir — live a thousand miles away in New York, Ohio, or California. You are grieving, you have a job and a family where you live, and now there is a house in Boca Raton, a bank account in Miami, and a court file in a county you have never set foot in. This guide walks through exactly how Florida probate works for heirs who live out of state, with a focus on estates where there was no will at all.
What “intestate” means and why it matters for distant heirs
An estate is intestate when the decedent died without a valid will. In that case, Florida Statutes Chapter 732 — the intestate succession rules — controls who receives the property. This is the single most important thing for out-of-state heirs to understand: your relationship to the deceased on paper, under Florida law, determines your share. Your intentions, family promises, or what the deceased “always said” carry no legal weight without a will.
Under Florida Statute § 732.102, a surviving spouse’s share depends on whether there are also surviving descendants and whether those descendants are shared with the spouse. Under § 732.103, when there is no surviving spouse, the estate passes to descendants, then to parents, then to siblings, and onward through more remote relatives. Florida also follows a per stirpes model under § 732.104, meaning a deceased heir’s share drops down to that heir’s own children.
For a family scattered across several states, this matters enormously. Three adult children living in three different states may each be entitled to a one-third share of a Florida home, and all three have standing in the probate — whether or not they ever talk to each other.
Where Florida probate happens and which court has jurisdiction
Florida probate is filed in the circuit court of the county where the decedent was domiciled at death. Domicile generally means the person’s permanent home — so a snowbird who claimed Florida residency for taxes is probated in Florida, while a vacationing New Yorker who happened to die in Orlando is usually probated in New York, with a Florida ancillary proceeding only if they owned Florida real estate.
That distinction trips up a lot of families. If your loved one truly lived in Florida, the primary estate is administered there, in counties like Miami-Dade, Broward, or Palm Beach. The clerk of the circuit court maintains the file, and a circuit judge (or, in many counties, a probate division) supervises it.
The good news for out-of-state heirs: Florida courts handle these matters by written filing and, increasingly, by electronic submission through the statewide e-filing portal. You are rarely required to physically appear. The work is done by your personal representative and attorney, who must be local to the process.
Can an out-of-state heir serve as personal representative?
This is where geography becomes a legal hurdle. Florida limits who may serve as personal representative (the term Florida uses instead of “executor” or “administrator”).
Under Florida Statute § 733.304, a non-resident of Florida can serve as personal representative only if they are closely related to the decedent — specifically a spouse, or a lineal ascendant or descendant (parent, grandparent, child, grandchild), a sibling, or certain other close relatives, or a spouse of such a person. A mere friend, a more distant cousin, or a non-relative business partner who lives out of state generally cannot serve.
So if you are the deceased’s son living in New Jersey, you likely can petition to be appointed personal representative. If you are a nephew or a close family friend living out of state, you probably cannot, and the court will look to a qualified Florida resident or a closer relative instead.
Practical points for distant relatives who want to serve:
- You will still need a Florida probate attorney. In a formal administration, Florida requires the personal representative to be represented by counsel unless the PR is the sole interested person.
- You may need to post a bond unless it is waived, which is more common for non-resident representatives because the court wants security for an administrator it cannot easily supervise in person.
- You can grant your attorney authority to handle filings, so you are not flying back and forth for routine matters.
- Co-heirs must usually consent or be served. If other heirs object to your appointment, the court resolves the dispute, and family conflict can slow everything down.
The two main paths: formal administration vs. summary administration
Florida offers more than one probate track, and the right one depends largely on the size and age of the estate. Choosing correctly saves out-of-state heirs months of time and significant cost.
Formal administration
This is the full, court-supervised process governed by Florida Statutes Chapter 733. It applies to most estates with substantial assets, real property that must be sold or transferred, or any complexity. The court appoints a personal representative, issues Letters of Administration, and the PR then marshals assets, notifies creditors, pays valid debts, and distributes what remains to the heirs under the intestacy statute.
A key feature is the creditor period. Under § 733.2121, the PR publishes a notice to creditors, and creditors generally have three months from first publication (or 30 days from being served a notice) to file claims. This is why even a clean estate rarely closes in under six months.
Summary administration
Under Florida Statute § 735.201, an estate may qualify for the faster summary administration if the value of the probate estate (excluding exempt property like a homestead) is $75,000 or less, or if the decedent has been dead for more than two years. The two-year option is a lifesaver for families who discover, long after a death, that an old Florida bank account or property was never handled — after two years, creditor claims are barred under § 733.710.
Summary administration does not appoint a personal representative. Instead, the court enters an order distributing the assets directly. For out-of-state heirs, this is often the ideal route: less paperwork, no bond, faster resolution, and frequently no need to appear.
Disposition without administration
For very small estates — essentially where assets only cover final expenses and last-illness medical bills — § 735.301 allows an informal request to release funds without any formal probate at all. This rarely helps when real estate is involved, but it can quietly resolve a tiny bank account.
The Florida homestead wrinkle every out-of-state heir should know
If the intestate estate includes the decedent’s Florida home, you have entered one of the most distinctive areas of Florida law. The Florida Constitution, Article X, Section 4, protects homestead property and restricts how it passes at death.
Homestead generally is not a probate asset in the ordinary sense and is not available to most creditors. It passes outside the usual administration to specific heirs. If the decedent left a spouse and descendants, § 732.401 may give the surviving spouse a life estate (or, by election, a one-half tenancy in common) with the remainder to descendants. The result is that out-of-state children can end up co-owning a Florida house with a surviving stepparent — a recipe for conflict that often needs careful legal handling.
The takeaway: never assume the Florida house simply gets sold and split. Its disposition is governed by homestead rules that frequently surprise heirs who are used to other states’ laws.
A realistic step-by-step for heirs living out of state
- Locate the death certificate and confirm Florida domicile. This determines whether Florida is the primary venue or whether an ancillary proceeding applies.
- Identify all heirs under Florida intestacy. List the surviving spouse, children, grandchildren, parents, and siblings, and where each lives. Everyone with a potential share is an “interested person.”
- Inventory the Florida assets. Real estate, bank and brokerage accounts, vehicles, and personal property. Note which assets had beneficiary designations or joint ownership — those often bypass probate entirely.
- Retain a Florida probate attorney in the right county. They will tell you whether formal or summary administration fits, and whether you qualify to serve as personal representative.
- Decide who serves as personal representative (in a formal administration) and obtain consents or waivers from the other heirs.
- File the petition and proceed by mail and e-filing. Most documents can be signed remotely and notarized in your home state; Florida accepts out-of-state notarization.
- Work through the creditor period, pay valid claims, and distribute. Once debts and the homestead questions are resolved, the remaining assets go to the heirs per the statute.
Common pitfalls that delay distant heirs
- Assuming home-state law applies. The deceased’s Florida domicile means Florida intestacy controls, not the law where you live.
- Letting the house sit. Vacant Florida property accrues taxes, insurance, HOA dues, and storm risk while probate is pending. Someone must maintain it.
- Skipping the small-estate options. Many families pay for a full administration when summary administration — especially the over-two-years path — would have been far cheaper.
- Ignoring co-heir communication. Out-of-state heirs who do not coordinate often end up litigating over a house none of them can easily visit.
- Trying to DIY across state lines. Florida’s e-filing portal, homestead rules, and bond requirements are unforgiving for the unrepresented.
How a Florida probate attorney bridges the distance
The entire point of hiring local counsel is so that you do not have to live in Florida to inherit what is yours. A Florida probate attorney handles the e-filing, appears at any required hearings, communicates with the clerk and any creditors, and coordinates the sale or transfer of the home — while keeping you informed by phone and email from wherever you live. For families spread across the country, that single point of contact often prevents the misunderstandings that turn estates into lawsuits.
If your family’s estate spans more than one state — say, a Florida condo and a brokerage account back home — coordinating proceedings matters. Many of our clients also work with our colleagues handling probate in other jurisdictions; for New York matters, Morgan Legal’s team explains the and walks families through the , which often run in parallel with a Florida administration. For the Florida side of a multi-state estate, our manages the local filings end to end.
To learn more about how estates are handled when there is no estate plan, see our overview of Florida probate, and if you are weighing how to protect your own heirs from this process, our guide to wills and estate planning explains how a simple document avoids intestacy altogether. When you are ready to talk through your specific situation, contact our office for a consultation — no Florida visit required.
Frequently asked questions
Do out-of-state heirs have to travel to Florida for probate?
Almost never. Florida probate is handled through written filings and the statewide e-filing portal. Your attorney and personal representative manage the process locally, and documents can typically be signed and notarized in your home state. Court appearances by heirs are rare in uncontested intestate estates.
Can I be the personal representative if I live in another state?
Yes, if you are a close relative. Under Florida Statute § 733.304, a non-resident may serve only if they are the decedent’s spouse, a lineal ascendant or descendant, a sibling, or certain other close relatives. Non-relatives who live out of state generally cannot serve.
How long does Florida probate take for an intestate estate?
A summary administration can sometimes conclude in a few weeks to a couple of months. A formal administration usually takes six months to a year or more, largely because of the three-month creditor claim period under § 733.2121 and the time needed to sell or transfer real estate.
Who inherits if there is no will in Florida?
Florida’s intestacy statutes (Chapter 732) decide. The estate passes first to the surviving spouse and/or descendants, and if none, to parents, then siblings, then more remote relatives, distributed per stirpes so a deceased heir’s share passes to that heir’s children.
What happens to the deceased’s Florida house in an intestate estate?
If it was the decedent’s homestead, it passes under special constitutional rules (Article X, Section 4) rather than ordinary probate. A surviving spouse and descendants may receive divided interests, which can leave out-of-state heirs co-owning the property — a situation best resolved with legal guidance.
Frequently Asked Questions
Do out-of-state heirs have to travel to Florida for probate?
Almost never. Florida probate is handled through written filings and the statewide e-filing portal. Your attorney and personal representative manage the process locally, and documents can typically be signed and notarized in your home state. Court appearances by heirs are rare in uncontested intestate estates.
Can I be the personal representative if I live in another state?
Yes, if you are a close relative. Under Florida Statute 733.304, a non-resident may serve only if they are the decedent’s spouse, a lineal ascendant or descendant, a sibling, or certain other close relatives. Non-relatives who live out of state generally cannot serve.
How long does Florida probate take for an intestate estate?
A summary administration can sometimes conclude in a few weeks to a couple of months. A formal administration usually takes six months to a year or more, largely because of the three-month creditor claim period under Florida Statute 733.2121 and the time needed to sell or transfer real estate.
Who inherits if there is no will in Florida?
Florida’s intestacy statutes (Chapter 732) decide. The estate passes first to the surviving spouse and/or descendants, and if none, to parents, then siblings, then more remote relatives, distributed per stirpes so a deceased heir’s share passes to that heir’s children.
What happens to the deceased's Florida house in an intestate estate?
If it was the decedent’s homestead, it passes under special constitutional rules (Article X, Section 4) rather than ordinary probate. A surviving spouse and descendants may receive divided interests, which can leave out-of-state heirs co-owning the property, a situation best resolved with legal guidance.
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For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
