Ancillary Administration in Florida for a Nonresident Decedent

When ancillary administration applies

When a nonresident of Florida dies leaving assets in Florida, credits due from Florida residents or liens on Florida property, ancillary letters may be needed to deal with that Florida property (s. 734.102).

Who is entitled to letters

1. A personal representative specifically designated in the decedent's will to administer the Florida property, if qualified to act in Florida.
2. Otherwise, the foreign personal representative, if qualified to act in Florida.
3. If the foreign personal representative is not qualified and the will names an alternate or successor who is, that alternate or successor.
4. Otherwise, those entitled to a majority interest of the Florida property may have letters issued to a qualified personal representative they select.
5. If the decedent died intestate and the foreign personal representative is not qualified, the order of preference in the Florida Probate Code applies.

If someone other than the domiciliary personal representative applies for ancillary letters, prior notice must be given to any domiciliary personal representative.

What the court expects to see

• Ancillary administration is commenced as provided by the Florida Probate Rules (Rule 5.470 governs).
• Authenticated copies of the domiciliary proceedings. The Fifteenth Circuit's ancillary checklist lists the domiciliary petition for probate, the order admitting the will and the authority of the personal representative. An authenticated copy is a certified copy or one authenticated under the Federal Rules of Civil Procedure (s. 731.201).
• The will and any codicils, which are admitted to probate if executed as the Florida Probate Code requires.
• A bond, as with personal representatives generally. Proceedings for appointment and administration are to be as similar to original administrations as possible.

After letters issue

• Unless claims are otherwise barred by s. 733.710, the ancillary personal representative must cause a notice to creditors to be served and published as chapter 733 requires. Claims not filed in accordance with chapter 733 are barred as provided in s. 733.702. See the notice to creditors guide.
• After expenses of administration and claims are paid, the court may order the remaining property transferred to the foreign personal representative or distributed to the beneficiaries.
• An ancillary personal representative has the same rights, powers and authority as other Florida personal representatives to manage and settle estates, to sell, lease or mortgage local property and to raise funds for debts, claims and devises in the domiciliary jurisdiction. No property may be sold, leased or mortgaged to pay a debt or claim that is barred by a Florida statute of limitation or nonclaim.

General information for Florida practitioners, reviewed in October 2026 against the statute and rule text linked above. It is not legal advice. Rules, statutes and local circuit practices change, so confirm against the current text and your circuit's requirements before relying on it.

Related guides