Probate Counsel for Out-of-State Heirs With Property in Palm Beach, Florida
Many families who inherit in Palm Beach do not live here. A parent retired to South Florida, kept a condo near the Intracoastal, and the children who must now settle the estate are spread across New York, Illinois, or California. This site is built for exactly that situation: heirs and personal representatives who are managing a Florida estate from another state, often while a separate probate is already underway back home.
Florida probate is governed by the Florida Probate Code (Chapters 731 through 735, Florida Statutes), and it has features that surprise out-of-state families. Florida protects homestead property under Article X, Section 4 of the Florida Constitution. Florida recognizes the surviving spouse’s elective share under Section 732.2065 and following. And Florida imposes no state estate tax and no inheritance tax, which changes the math for heirs comparing it to states like New York or Pennsylvania.
What Ancillary Probate Means for You
If your loved one was domiciled in another state but owned real estate or other property in Palm Beach County, the property generally cannot pass through the home-state probate alone. Florida requires an ancillary administration to transfer Florida-situated assets. That means a second proceeding, in a Florida court, coordinated with the primary probate where the decedent actually lived. We focus on making those two tracks work together rather than against each other.
How Florida Estates Are Administered
Florida offers two main paths. Summary administration is available for smaller estates and where death occurred more than two years ago. Formal administration, which appoints a personal representative, is generally required for estates valued over $75,000 in non-exempt assets or where the death was within the last two years. Choosing correctly at the outset saves out-of-state families months of delay.
Common Issues for Distant Heirs
- A non-resident personal representative must usually qualify under Florida’s eligibility rules and may need to post bond.
- Florida homestead passes outside the probate estate to certain heirs and is shielded from most creditors.
- A Florida will must be executed under Section 732.502, with two witnesses, and notarized to be self-proving.
- Lady Bird (enhanced life estate) deeds and revocable trusts under Chapter 736 may let some Florida property avoid probate entirely.
Coordinating Two States at Once
The hardest part for many families is logistics: signing documents from afar, dealing with a Florida court calendar, and keeping the home-state executor informed. Our pages walk through formal administration, summary administration, ancillary probate, personal representative duties, and contested estates, all written for people doing this from out of town.
This website is general information about Florida law, not legal advice for your situation. Florida probate turns on specific facts, deadlines, and the language of the will or trust. Before acting, consult a licensed Florida attorney who can review your documents and advise you directly.
For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles New York probate and estate administration.