Florida ancillary probate for Canadian residents

Section 01Why a Florida property triggers a Florida probate

Florida law requires ancillary administration when a person who lived elsewhere dies leaving certain things behind in Florida. Under Florida Statutes 734.102, that means a non-resident who dies leaving any of three things in the state: assets in Florida, debts owed to the deceased by Florida residents, or liens on Florida property. A Canadian who dies owning a condo in Hollywood or a house in Naples, in their own name, falls squarely in the first category.

The result is a second estate. The Canadian estate is administered in the province where the deceased lived, and the Florida property is administered in the Florida county where it sits, through ancillary probate. The Florida property does not pass through the provincial probate at all; the provincial fee and process reach only the deceased's Canadian assets, as our Canadian probate fees guide explains. So a Canadian estate with a Florida home runs two files in two jurisdictions, and they have to be coordinated.

This is the point that catches families by surprise. Settling the Canadian estate does nothing for the Florida condo, and a Florida buyer cannot take clean title until the ancillary probate has run. The Florida proceeding is not optional and not a formality; it is the only way to move the Florida title out of the deceased's name.

Section 02Who can administer, and the liquidator trap

Florida Statutes 734.102(1) sets out who is entitled to be the ancillary personal representative, in order of preference. First in line is the personal representative named in the will to deal with the Florida property, if that person is qualified to act in Florida. If there is none, the foreign or domiciliary personal representative, the Canadian liquidator or executor, may serve, again only if qualified to act in Florida. If neither is available, an alternate or successor named in the will may serve if qualified. Failing all of those, the people who hold a majority interest in the Florida property select a qualified personal representative.

The phrase "if qualified to act in Florida" is where Canadian estates run into trouble, because of a separate rule. Under Florida Statutes 733.304, a person who is not a Florida resident can serve as a personal representative only if they are related to the deceased by blood, marriage, or adoption. A professional Quebec liquidator who is not a relative of the deceased is therefore generally not qualified to act in Florida, even though they are the proper representative of the Canadian estate.

The practical consequence is that the family usually has to name a Florida personal representative who does qualify: a relative, such as the surviving spouse or an adult child, or a Florida-based professional. This is far better anticipated while the estate is being planned than discovered after the death, when the Canadian liquidator is ready to act and finds they cannot. Naming, in the will, a qualified person to handle the Florida property is the cleanest way to avoid the gap.

Section 03The four procedural paths

Florida does not put every ancillary estate through the same heavy process. There are four routes, and which one applies turns on the value of the Florida property and how long ago the death occurred.

The lightest is summary administration under Chapter 735. It is available only when the probate assets are worth USD 75,000 or less, or when the person died two years or more ago. No personal representative is appointed and there is no prolonged administration; the court can order the property distributed directly. It can be used in the ancillary setting, which makes it the usual choice for a modest Florida condo.

Next is the simplified testate process under Florida Statutes 734.1025. It applies when a non-resident died with a will, the Florida property is worth USD 50,000 or less, and the filing is within two years of death. The foreign personal representative files an authenticated transcript of the foreign proceedings, the will and the list of beneficiaries, without a Florida personal representative being appointed. The catch is that notice to creditors must still be published, and if any creditor files a claim, the matter has to be converted to a formal ancillary administration.

Third is admission of a foreign will two years after death, under Florida Statutes 734.104. When the person died two years or more ago, or after the domiciliary representative has been discharged, an authenticated copy of the will that devises the Florida real estate can be admitted to record in the county. Once admitted, the will is treated as valid to transfer the Florida title. The will must have been executed in line with Chapter 732, Florida's execution requirements, which the next section covers.

The default, when none of the lighter routes is available or when a creditor surfaces, is formal ancillary administration under Florida Statutes 734.102. A Florida personal representative is appointed and receives ancillary letters, posts a bond, publishes and serves notice to creditors under Chapter 733, and, after the claims period, distributes the property. The ancillary personal representative has the same powers as an ordinary Florida personal representative: to manage, sell, lease, or mortgage the local property. This is the full process, and the one most large or recently-deceased estates will use.

Section 04The Canadian will admitted in Florida

Whichever path applies, the Canadian will has to be acceptable to the Florida court before it can move the Florida title. Florida Statutes 734.104 lets a foreign will be admitted, but only if the will was executed in line with Chapter 732, which sets Florida's requirements for how a will is signed and witnessed.

This is where the form of a Canadian will matters. A Quebec notarial will, prepared and held by a notary, or a holograph will written entirely by hand, follows Quebec rules of execution that are not identical to Florida's, and a Florida court will examine whether the execution meets the Chapter 732 standard. The outcome is fact-specific, and a will that is perfectly valid in Quebec can still raise questions when presented in Florida. Our guide on whether a Canadian will is valid in Florida covers the execution requirements in detail.

On the paperwork, the foreign will is presented with authenticated copies: an authenticated copy of the will itself, of the foreign probate petition, and of the foreign court order admitting the will. Assembling those certified documents from the provincial court takes time, and should be started early rather than at the Florida filing deadline.

Section 05The Florida attorney and the costs

A formal ancillary administration is a court proceeding, and Florida generally requires the personal representative to be represented by a Florida attorney. That requirement comes from Florida Probate Rule 5.030, which makes counsel necessary in most administrations, with narrow exceptions such as a summary administration where the representative is the sole interested person. Because the exact scope of the exceptions is a matter of the rule's wording, treat counsel as generally required and confirm the specific situation with a Florida attorney.

On cost, Florida Statutes 733.6171 sets a schedule of attorney compensation that the statute treats as presumed reasonable, based on the value of the estate administered. As an example of the schedule, the presumed-reasonable fee is 3% on the first USD 1 million of the estate, with lower percentages on higher tranches. It is important to read this as a presumed-reasonable benchmark rather than a fixed tariff: the actual fee can be more or less, by agreement or court order, depending on the work involved. On top of the attorney fee, the estate pays court filing fees and the personal representative's own compensation.

Section 06How to avoid ancillary probate

The whole proceeding exists because the Florida property is in the deceased's sole name, with nothing to move the title automatically. Change how the title is held, so that it passes by itself at death, and there is nothing for the Florida court to administer. This is a planning decision made while alive, by how title is taken, not something the estate can fix afterward.

Four tools do this, each with its own dedicated guide. Joint tenancy with right of survivorship in Florida passes the property to the surviving joint owner. Tenancy by the entireties does the same for a married couple, with added creditor protection. A Florida revocable living trust holds the title so the trust, not the estate, controls it at death. A Lady Bird deed lets the owner keep full control during life while naming who receives the property at death, again outside probate.

Each tool has trade-offs in control, creditor exposure, and tax that the dedicated guides set out, and none is automatically the right answer. The single point for this guide is that the choice is made in advance: the way a Canadian takes title to a Florida home decides whether their heirs face an ancillary probate or not.

Section 07Worked example

Trace the process through a common situation. A Canadian dies owning a Florida condo worth USD 400,000 in their sole name, with a Quebec will that names a professional liquidator. The dollar figure and the timing below are an illustration of the process, not a calculation for any specific estate.

The example shows both the shape of the work and the lesson. The Florida property forced a second, formal proceeding in Florida, the family had to find a qualified Florida representative because the liquidator could not serve, and the whole thing took most of a year. The last row is the point worth keeping: a different way of holding the same condo would have skipped the proceeding entirely.

Section 08Common mistakes

Thinking the Florida property goes through your province's probate. It does not. The Florida home is settled in Florida, through ancillary probate, while the provincial process reaches only the Canadian assets. Assuming the provincial estate covers the condo leaves the Florida title stuck in the deceased's name.

Assuming the Canadian liquidator can administer the Florida property. Under the blood-or-marriage rule, a non-resident who is not a relative usually cannot serve as the Florida personal representative. Families that count on the Quebec liquidator handling everything are surprised at the Florida courthouse. Name a qualified Florida representative in the will instead.

Forgetting that the will must meet Florida's execution form. A will that is valid in Quebec is admitted in Florida only if it meets the Chapter 732 execution requirements. The form of a notarial or holograph will should be checked against Florida's rules before it is relied on to transfer the condo.

Not planning the holding structure while alive. Whether the heirs face an ancillary probate is decided by how title is held, and that can only be set up before death. Buying the Florida home in sole name, with no survivorship or trust, signs the family up for the full proceeding.

Section 09Checklist

• Confirm whether the deceased owned a Florida property or other Florida asset at death; if so, ancillary probate is in play.
• Identify who can serve as Florida personal representative, remembering the blood-or-marriage rule for non-residents.
• Check the value and the time since death to find the lightest available path: summary (USD 75,000), simplified testate (USD 50,000), the two-year route, or formal administration.
• Obtain authenticated copies of the will, the foreign petition, and the foreign order, and confirm the will meets Florida's Chapter 732 execution form.
• Retain a Florida attorney for a formal administration, and budget for court, representative, and attorney fees.
• While still alive, consider holding the Florida property so it avoids ancillary probate (joint tenancy, tenancy by the entireties, a revocable trust, or a Lady Bird deed).
• Coordinate the Florida ancillary probate with the Canadian provincial estate, ideally with a Canadian lawyer or notary working alongside the Florida attorney.

Section 10FAQ

Does my Florida condo go through my province's probate? No. The Florida property is settled in Florida, through ancillary probate, and does not pass through the provincial probate, which reaches only your Canadian assets. See our Canadian probate fees guide.

Can my Quebec liquidator handle the Florida property? Often no. Under Florida Statutes 733.304, a non-resident can serve as a Florida personal representative only if related to you by blood, marriage, or adoption, so a professional liquidator who is not a relative is usually not qualified, and a Florida-qualified representative has to be named.

Is there a faster process for a small condo? Yes. Summary administration applies to probate assets of USD 75,000 or less, a simplified testate process applies to a Florida estate of USD 50,000 or less within two years of death, and a foreign will can be admitted to record two years after death.

How do I avoid ancillary probate entirely? By how you hold title while alive: joint tenancy, tenancy by the entireties, a revocable living trust, or a Lady Bird deed can pass the property without probate.

Does my Canadian will work in Florida? It can be admitted if it meets Florida's Chapter 732 execution requirements; a notarial or holograph will should be checked against those rules first. See our guide on a Canadian will in Florida. For the related US estate tax, see our nonresident estate tax guide, and for a later sale, the FIRPTA guide.