Florida Probate Services for Out-of-State Executors, Trustees, and Heirs

When a loved one passes away owning property or assets in Florida, probate matters are governed by Florida law, even if you live in another state. Many executors, trustees, and beneficiaries find themselves responsible for a Florida estate without knowing where to begin—or whether they need to travel.

This page answers the most common questions we hear from out-of-state clients and explains how Florida probate can often be handled efficiently and remotely.

Florida Probate Services for Out-of-State Executors, Trustee

Can you handle Florida probate if I live in another state?

Yes.

Florida probate matters can be handled for out-of-state executors, trustees, and beneficiaries, provided the probate case is administered in accordance with Florida law.

Florida courts generally require that probate proceedings be handled by a Florida-licensed attorney, regardless of where the personal representative or beneficiaries live. This means that even if you reside outside Florida, the legal work must be performed within the Florida court system.

Our office regularly assists individuals throughout the United States who are responsible for administering Florida estates, including:

Personal representatives who live outside Florida
Beneficiaries inheriting Florida real estate
Trustees dealing with Florida-based assets
Families managing estates with property in multiple states

Do I need to come to Florida for probate?

In many cases, no.

A significant portion of Florida probate administration can be handled without requiring repeated travel to Florida. Whether travel is necessary depends on the specific circumstances of the estate, but many routine matters are handled remotely.

Situations where travel is often not required include:

Formal or summary administration without disputes
Estates where documents can be executed remotely
Hearings that are waived or handled administratively
Matters involving a Florida attorney acting on behalf of the estate

Situations where travel may be required include contested proceedings, evidentiary hearings, or circumstances where in-person testimony is ordered by the court. When that occurs, your attorney can advise you in advance so expectations are clear.

How does Florida probate work remotely?

Florida probate administration for out-of-state clients is structured to allow communication, documentation, and coordination to occur efficiently from a distance.

Remote probate administration commonly includes:

Secure electronic communication and document exchange
Remote execution of affidavits and certain probate documents
Coordination with Florida courts, clerks, and third parties
Regular updates regarding deadlines, filings, and next steps

Your attorney serves as the local point of contact for the Florida court while keeping you informed throughout the process. This structure allows out-of-state clients to remain involved without being burdened by unnecessary travel or uncertainty.

Florida property owned by non-residents

Out-of-state probate issues often arise because the decedent owned real property in Florida, even if they lived elsewhere at the time of death. Florida law may require a separate probate proceeding, known as ancillary administration, to address Florida-based assets.

Common examples include:

Vacation homes
Rental properties
Condominiums or timeshares
Land held individually in Florida

Understanding whether ancillary administration is required is an important first step in determining how the estate will be handled.

Who can serve as a personal representative if they live out of state?

Florida law places specific restrictions on who may serve as a personal representative (executor), particularly when the individual does not live in Florida.

In general, an out-of-state individual may serve as a personal representative if they fall within certain permitted categories. These commonly include:

A spouse of the decedent
A parent or child of the decedent
A sibling of the decedent
Another close relative as defined under Florida law

If an out-of-state individual does not meet the statutory requirements, Florida courts may prohibit that person from serving as personal representative, even if they were named in the will.

In situations where the named personal representative is not eligible, alternatives may include:

Appointment of a qualified Florida resident
Appointment of a professional fiduciary
Appointment of a corporate fiduciary
Appointment of another eligible individual agreed upon by interested parties

Determining eligibility early is important, as it can affect timelines, costs, and how smoothly the probate process proceeds.

Planning next steps

If you live outside Florida and are responsible for an estate that includes Florida assets, it is important to understand:

Whether probate is required
What type of administration applies
How fees and costs are typically calculated
What can be handled remotely

Our goal is to provide clear, practical information so that out-of-state individuals can make informed decisions before proceeding.

Disclaimer

This page is provided for informational purposes only and does not constitute legal advice. Viewing this page or submitting information through this website does not create an attorney-client relationship. Each probate matter is unique and should be evaluated based on its specific facts and circumstances.

Florida Probate Services for Out-of-State Executors, Trustees, and Heirs