Most people who contact our office about a Florida probate do not live in Florida. They live in Cape Coral, Tampa, Jacksonville, Atlanta, New York, New Jersey, or somewhere overseas. A parent, sibling, or spouse passed away here, owned property here, or held business interests here. Now there is an estate to handle, and the question on the table is whether they need to fly to Miami every other month, whether the case has to wait until they can travel, or whether they can just retain a local attorney to do everything from a distance.
The short answer: Florida probate from out of state is normal in 2026, the process is heavily remote, and you almost certainly do not need to relocate or travel repeatedly to complete it. This article walks through how it actually works, what the timeline looks like, and what to expect at each stage of an out of state Florida probate.
When Florida Probate Applies if You Do Not Live in Florida
Florida probate is required when a Florida resident dies with assets in their individual name, or when a non-resident dies owning real property in Florida. The key word in both cases is Florida. Where the heirs live is irrelevant. What matters is where the decedent lived and where the assets are.
Two scenarios cover most situations:
- • The decedent was a Florida resident. A formal or summary administration is opened in the Florida county where they were domiciled at death.
- • The decedent lived elsewhere but owned Florida real estate. This triggers an ancillary administration in the Florida county where the property is located. It runs alongside the main probate in the decedent’s home state.
In neither situation do you get to pick the county. Florida Statutes Chapter 733 fixes jurisdiction based on the decedent’s domicile or the location of the property. If the case has to be in Miami-Dade or Broward, that is where it has to be filed.
Why Your Case Is Likely in Miami-Dade or Broward
If you are reading this, the case is most likely in Miami-Dade or Broward County. Both counties have very high concentrations of:
- • Permanent and seasonal residents who pass away each year
- • Out of state property owners with condominiums in Miami Beach, Brickell, Aventura, Sunny Isles, Hollywood, and Fort Lauderdale
- • Family members who scattered geographically as the older generation aged
Probate cases in these counties are filed in the circuit court probate division. Hearings are scheduled by the assigned judge, and filings move through the Florida Courts E-Filing Portal.
How Florida Probate Works Remotely in 2026
Florida courts operate very differently than they did before 2020. Statutory updates, court rule amendments, and statewide adoption of remote technology mean that handling a Florida probate from another state is now the standard, not the exception.
Electronic Filing
Every probate filing in Florida runs through the e-filing portal. Paper filings are rare. Your Florida probate attorney files electronically, the clerk stamps electronically, and you receive copies by email or through a secure client portal.
Zoom Hearings
Most probate hearings in Miami-Dade and Broward are held by Zoom by default. Personal representatives, witnesses, and beneficiaries appear remotely. Many uncontested matters are decided on the paperwork without any hearing at all.
Remote Online Notarization
Florida Statute 117.201 authorizes remote online notarization for most documents. Personal representative oaths, verifications, affidavits, and sworn statements can all be notarized remotely through an approved platform. The result is legally identical to in person notarization.
Wet-Ink Originals When Necessary
A small number of documents, including some recorded deeds and certain originals the court still requires in physical form, travel by overnight mail with prepaid return packaging.
The Probate Process Step by Step for Non-Resident Families
A typical formal administration in Miami-Dade or Broward unfolds in roughly the same way regardless of where the personal representative lives.
1. Initial consultation. By Zoom or phone. Usually 30 to 60 minute The attorney explains what type of administration applies and gives a realistic cost and timeline estimate.
2. Engagement. Engagement letter signed electronically. Retainer paid online.
3. Document gathering. You upload documents to a secure portal: the original will if any, certified death certificate, asset and debt information, beneficiary contacts, deeds, account statement.
4. Petition filed.Your attorney drafts and files the petition for administration. You sign verifications and the personal representative oath through remote online notary.
5. Letters of Administration issued. The court appoints the personal representative. Letters are issued. The personal representative now has authority to access bank accounts, transfer assets, and deal with creditors.
6. Notice and creditor period. A three month notice to creditors period runs while inventory and asset valuations are compiled.
7. Inventory, accounting, and distribution Required filings are prepared and filed. Beneficiaries are paid by wire or check.
8. Closing.Petition for discharge filed. Court closes the estate. The personal representative is formally released.
Most uncontested formal administrations close within six to nine months. Summary administrations, available when the probate estate is under $75,000 or the decedent has been deceased for more than two years, often close in three to four.
Ancillary Administration: When the Decedent Lived Outside Florida
If your loved one lived in another state but owned Florida real estate, you may need an ancillary administration. This is the Florida-specific probate that runs in parallel with the main probate in the home state.
The most common scenarios involve:
- • A retiree from New York, New Jersey, Pennsylvania, or Massachusetts who owned a Florida condominium
- • A snowbird who maintained domicile in their northern state but had a Florida residence
- • A foreign national who purchased Florida real estate as an investment
Ancillary administration is filed in the Florida county where the property is located. The process is shorter than a full Florida probate because the foundational work, including the will admission, has often already been done in the home state.
What If Your Case Is a Probate Dispute?
Probate litigation in Florida covers a wide range of contested matters, including:
- • Will contests based on lack of capacity, undue influence, fraud, or improper execution
- • Trust disputes, including challenges to amendments
- • Removal of personal representatives or trustees
- • Accounting challenges by beneficiaries
- • Breach of fiduciary duty claims
- • Homestead, family allowance, elective share, and exempt property disputes
Almost every part of a contested case can be handled remotely. Pleadings file electronically. Depositions run on Zoom. Mediation, which is required in nearly every contested probate matter in Miami-Dade and Broward, is now almost always remote. Evidentiary hearings frequently take place on Zoom. Trial is the main scenario where in person attendance becomes likely, and most contested cases settle before trial.
In practical terms, a non-resident party can fully participate in a Miami-Dade or Broward probate litigation matter, including providing testimony, without traveling to Florida unless and until trial becomes necessary.
Frequently Asked Questions
Yes. Florida law requires that probate filings be made by a Florida-licensed attorney in nearly all formal administration cases. Self-representation is technically possible only in limited summary administration scenarios and is not recommended. A Florida attorney also provides someone with standing to appear in the local court when needed.
Sometimes. Florida law permits non-resident personal representatives only if they are the spouse, sibling, parent, child, or other close blood relative of the decedent. A non-resident friend or distant relative is not eligible. If no qualifying person is available, the court will appoint someone else.
Living out of state does not slow the case down. Most uncontested formal administrations in Miami-Dade or Broward close in six to nine months. Summary administrations often close in three to four. Contested matters take longer and the timeline depends on the issues in dispute.
Costs are not higher because you live somewhere else. Florida probate attorney fees are set in part by Florida Statute 733.6171 and are commonly based on the value of the probate estate.
Court costs, publication fees, and bond premiums are the same regardless of where the personal representative lives. Any reputable firm will provide a written fee structure before you engage them.
In most cases, no. Most non-resident clients never travel to Florida during the entire administration. Trial in a contested matter is the primary scenario where in person attendance becomes necessary, and the majority of disputes settle before trial.
Yes. The logistics are the same as a domestic out of state case. Time zone differences are usually the only added complication. Florida firms with experience in this area work regularly with clients in Latin America, Europe, Asia, and Canada.
Start with the certified death certificate, the original will if one exists, a list of bank and brokerage accounts with approximate balances, real estate deeds, vehicle titles, life insurance and retirement account statements, outstanding debts, and contact information for the surviving spouse, children, and other beneficiaries. You do not need to have everything before reaching out. Bring what you have.
What to Look for in a Florida Probate Attorney When You Live Elsewhere
Not every firm is set up for out of area work. The right attorney for a non-resident client has built systems for it rather than treating it as the occasional exception. Look for:
- • A clear single point of contact who knows your matter
- • A secure client portal where every document filed in your case is accessible
- • Scheduled status updates so you are not left wondering what is happening
- • A written fee structure provided before engagement
- • Direct experience in Miami-Dade and Broward probate divisions
- • Experience with ancillary administrations if your loved one was not a Florida resident
Next Steps
If you have a Florida probate matter and live somewhere other than Miami-Dade or Broward, the practical first step is a consultation. Bring whatever information you have, even if it is just a name, a date of death, and a property address. The rest can be tracked down by an experienced firm.
For a deeper walk-through of the entire process, including a document checklist and a section on probate litigation, you can also download our free guide, Handling a Florida Probate or Estate Dispute From Anywhere. It is written specifically for families who do not live in South Florida but have a case here.
Download the free guide | Schedule a consultation
This article is general information, not legal advice. Florida probate is fact-specific. For advice about your situation, consult a licensed Florida probate attorney.
