Florida Probate for Foreign Nationals with Florida Property

Losing a loved one is hard enough without facing a legal system in a state, or even a country, that is not your own. Florida probate for foreign nationals can feel confusing, especially when the family lives overseas, and the property sits thousands of miles away. We understand how stressful this moment is, and we want to make the path forward feel clear.

Here’s an overview of how the Florida process works when a non-resident or non-U.S. citizen owns property here, who can act on the estate’s behalf, and what to expect along the way. The goal is simple. We want you to feel informed and a little more at ease about what comes next.

Key Takeaways about Florida Probate for Foreign Nationals

• Florida property owned by a non-resident or foreign national generally must pass through a Florida probate proceeding known as ancillary administration.
• Real estate located in Florida is governed by Florida law, regardless of where the owner lived or where a will was signed.
• Florida law limits who can serve as a personal representative when that person does not live in the state.
• A foreign will can often be accepted by a Florida court when it meets certain requirements.
• Foreign nationals who are not U.S. citizens may face different federal estate tax rules on their U.S. property.

What Is Florida Ancillary Probate for Foreign Nationals?

Florida ancillary probate is a secondary court process that transfers a non-resident’s Florida assets to their heirs after death. When a person who lived in another state or another country passes away owning property here, their home jurisdiction handles the main estate, and Florida handles the assets located within its borders. 

This Florida-based step is called ancillary administration, and it is set out in Chapter 734 of the Florida Statutes.

Specifically, Florida law opens this process whenever a nonresident dies, leaving assets, debts owed to them, or property liens in the state. The most common example we see in South Florida is a family abroad that inherits a condo or home in Boca Raton or along the Fort Lauderdale coast.

This step affects more people than many families expect. Snowbirds who winter in Florida, retirees who bought a second home near the water, and overseas investors who purchased rental units all tend to leave behind Florida property that calls for ancillary administration. South Florida’s international community makes this a familiar situation for us.

The primary reason ancillary probate exists is jurisdiction. A court in another country has no authority to transfer the title of real estate sitting in Palm Beach or Broward County. Only a Florida court can do that, which is why the Florida property needs its own proceeding.

Why Florida Real Estate Must Go Through Probate

Florida real estate must go through probate because the law treats real property based on where it sits, not where the owner lived. This concept is called “situs,” which simply means location. A house in Florida follows Florida law even if its owner spent a lifetime in London, Toronto, or Sao Paulo.

A will alone, including a valid foreign will, does not automatically transfer Florida real estate. The will tells the court who should receive the property, but a judge still has to authorize the transfer of title. Without that court order, the family cannot cleanly sell, refinance, or fully own the home.

How the property was titled can change the outcome. When a Florida home was owned jointly with a right of survivorship, it may pass to the co-owner outside of probate. When it was owned in the deceased person’s name alone, a Florida probate is usually the way to move the title.

In our experience, this surprises many families. They assume that holding a deed or a foreign will is enough, then learn that a title company will not close a sale until probate clears the title. Handling this early saves a great deal of delay later.

Who Can Serve as a Foreign National’s Personal Representative?

Not everyone can serve as the personal representative of a Florida estate, and this rule catches many foreign families by surprise. A personal representative, sometimes called an executor, is the person the court puts in charge of the estate. Under Florida Statute 733.304, a person who does not live in Florida can serve only when closely related to the person who died.

A non-resident can qualify as personal representative when they are:

• A spouse, child, parent, sibling, or other close blood relative of the person who passed away.
• A legally adopted child or adoptive parent of that person.
• The spouse of a relative who otherwise qualifies.

This means a close friend, a business partner, or a foreign attorney living abroad usually cannot serve, even when the will names them. When the named person cannot qualify, Florida law allows a qualified relative or another eligible person to step in instead. We help families sort out this issue up front, so the case does not stall after it begins.

Florida Probate for Foreign Nationals: Summary vs. Formal Administration

Florida offers two main probate paths, and the right one depends mainly on the value of the estate and how long ago the person died. The faster path is summary administration, and the more involved path is formal administration. Knowing which one applies helps set realistic expectations about time and cost.

Summary administration is the streamlined option under Florida Statute 735.201. It is generally available when the Florida assets subject to probate are valued at $75,000 or less, or when the person has been deceased for more than two years. For deaths on or after July 1, 2026, that value limit rises to $150,000, which opens the simpler path to more families.

Formal administration applies to larger estates, or to cases that need a court-appointed representative to manage assets, address creditors, or resolve disputes. It takes longer, though much of the work can still be handled remotely. We review each estate carefully and recommend the simplest route the law allows.

Cost is a common worry for families abroad, and we try to ease it. We are confident in our ability to gain access to an estate, so we are typically paid from the proceeds once the property transfers, with only a minimal deposit to begin. This means families rarely need to send a large sum overseas before any work starts.

Can You Use a Foreign Will in Florida Probate?

Yes, a foreign will can often be used in a Florida probate, as long as it meets Florida’s legal requirements. 

A will signed in another country may be accepted by the court when it was properly executed under the law where it was created, and when it is not a type of will, such as an oral will, that Florida rejects. This is welcome news for many families who feared starting over.

In practice, a foreign will usually needs an authenticated copy and a certified English translation before a Florida court will review it. When the will was already probated in the home country, Florida also has a process to admit those foreign records. These extra steps add some time, though they are routine for cases we handle.

The primary reason families run into trouble here is paperwork, not the law itself. Gathering authenticated documents from abroad can take weeks, so starting early makes a real difference. We guide clients through exactly which documents the court will expect.

It also helps to know that the will does not need to be rewritten to fit Florida. The court reviews the will the person already made, then applies Florida procedure to carry out their wishes for the in-state property. That tends to reassure families who worried their loved one’s plan might be set aside.

Florida Probate for Foreign Nationals and U.S. Estate Taxes

Foreign nationals who are not U.S. citizens face different federal estate tax rules than Americans, and this is one of the most overlooked parts of owning Florida property. The United States taxes the estates of non-citizen, non-residents only on assets located in this country, often called U.S.-situated assets. Florida real estate falls squarely into that category.

The federal exemption for these estates is far smaller than the one available to U.S. citizens. According to the Internal Revenue Service, a federal estate tax return may be required when U.S. assets pass a low filing threshold at death. Because the rules are detailed, families should speak with a tax professional alongside their probate attorney.

We are not tax advisers, though we work closely with families and their accountants so the probate and tax pieces move together. Planning ahead, including how the property is titled, can make a meaningful difference for heirs. The earlier this is addressed, the more options a family tends to have.

FAQs for Florida Probate for Foreign Nationals

Below are answers to common questions we hear from families abroad who own property in Florida.

How long does Florida probate for foreign nationals take?

Most summary administration cases wrap up in a matter of weeks, while formal administration often runs several months. Timelines depend on the type of case, the assets involved, and how quickly documents arrive from overseas. Because nearly everything can be handled electronically, living abroad rarely slows the case on its own.

Do I need to travel to Florida for the probate?

No, you generally do not need to travel to Florida. We handle these cases remotely, from signing pleadings to filing with the court, so families can take part from anywhere in the world. This is a relief for relatives who cannot easily fly to South Florida.

What happens if there is no will?

When there is no will, Florida’s intestacy laws decide who inherits the property. These laws follow a set order, usually starting with a spouse and children, then other relatives. The Florida property still goes through probate, and a qualified person is appointed to handle the estate.

Does Florida probate cover assets my relative owned in other countries?

No, Florida probate only covers assets located in Florida. Property, accounts, and belongings in another country are handled under that country’s laws, usually through the main estate there. The Florida case focuses solely on the Florida property and any other in-state assets.

Can the Florida property be sold during probate?

Yes, Florida property can often be sold during probate, though the timing depends on the type of administration. Buyers and title companies usually want the probate cleared, or nearly cleared, before closing. Starting the process early keeps a sale on track.

What documents will my family need?

Families usually need the death certificate, the will if one exists, proof of the Florida property, and authenticated or translated records when documents come from abroad. Every case is a little different, so the exact list can vary. We tell each client precisely what to gather before we begin.

Does Florida charge its own estate tax on the property?

No, Florida does not impose a state estate tax or inheritance tax. That said, federal estate tax rules may still apply to a foreign national’s U.S. property, which is separate from anything the state collects. We help families understand which rules touch their situation and when to bring in a tax professional.

Talk With a Florida Probate Attorney Who Handles Cases from Anywhere

You do not have to sort out Florida probate for foreign nationals on your own. At Florida Probate Law Firm, attorneys Thomas R. Walser and Michael Bracchi guide families through every step, working entirely electronically so distance is never a barrier. From the first filing to the final transfer of property, we keep you informed and handle the details for you.

We offer a free initial consultation, require no large deposit to get started, and can often deliver pleadings within 24 to 48 hours. Whether your family is across the state or across the ocean, we are here to listen and to help. Call us today at (561) 210-5500 to talk through your situation and take the next step with confidence.