Snowbird Estates: A Miami Checklist for Florida Ancillary Probate

Miami real estate draws owners from across the country and the globe. When one of those owners dies as a resident of another state but leaves a condo on Brickell, a home in Coral Gables, or an investment property in Miami-Dade, their estate usually needs a second proceeding here called ancillary administration. The home-state probate can’t directly transfer Florida real property—only a Florida court can. This checklist walks through it.

When ancillary probate is required

Florida §734.102 governs ancillary administration. You generally need it when a non-Florida resident dies owning Florida real estate or other tangible property titled in their sole name. If the Miami property was held in a revocable trust, jointly with survivorship rights, or transferred via a Lady Bird deed, ancillary probate may be avoidable entirely—one reason these tools are popular with out-of-state Miami owners.

Step 1: Open (or finish) the home-state probate first

Ancillary administration in Miami-Dade typically follows the “domiciliary” probate in the decedent’s home state. You’ll need authenticated copies of the will, the order admitting it, and the appointment of the home-state representative to bring into the Florida court.

Step 2: Get the foreign will admitted

A will valid where executed is generally honored in Florida under §732.502(2), provided it was in writing and properly signed (Florida does not recognize handwritten holographic or oral wills from other states unless they meet Florida’s execution standard). The authenticated foreign will is filed and recorded in the Miami-Dade probate division.

Step 3: Confirm who can serve here

The home-state personal representative often serves as the Florida ancillary representative if they qualify under Florida law. Florida limits who may serve as a personal representative—non-residents must generally be a close relative of the decedent (§733.304). If the out-of-state representative doesn’t qualify, the court appoints someone who does.

Step 4: Handle Florida creditors

Ancillary administration isn’t just a title transfer—it gives Florida creditors a forum. The ancillary representative publishes notice and serves known creditors, opening the standard claims window so any Miami-Dade debts tied to the property (think association dues, taxes, contractors) get resolved.

Step 5: Account for homestead—carefully

Florida’s constitutional homestead protection (Art. X, §4) applies only to a Florida resident’s primary residence. A New Jersey resident’s Miami vacation condo is investment property, not homestead, so the creditor and devise protections generally don’t apply. Don’t assume homestead status just because the property sits in Florida.

A welcome simplicity on taxes

Florida charges no state estate or inheritance tax, so adding a Florida ancillary proceeding doesn’t add a Florida death tax. The cost is the second filing, not a second tax.

Consult a Florida attorney

Coordinating two states is detail-heavy. A licensed Florida probate attorney can confirm whether ancillary administration is needed for your Miami-Dade property and handle the authenticated filings correctly.