If you are a Canadian, European, Latin American, or any other international owner of Florida property, Florida probate will apply to your estate when you die; regardless of where you live, where you die, or what your home country’s laws say.
Florida does not exempt foreign nationals. Any real estate, bank account, or titled asset you own here in your personal name will require a Florida court proceeding before your heirs can receive it. This proceeding is called ancillary probate in Florida, and it is separate from whatever probate process your home country requires.
This guide explains how Florida ancillary probate for non-U.S. citizens works, what makes it more complicated than a domestic estate, who is allowed to manage it, and most importantly, how to plan ahead so your family avoids it entirely.
What Is Ancillary Probate in Florida?
Ancillary probate is a secondary probate proceeding opened in Florida for assets located here, when the person who died was not a Florida resident. It runs alongside whatever probate process exists in the person’s home country, called the domiciliary probate; which handles the rest of the estate.
Florida courts have jurisdiction over any Florida asset titled in a deceased person’s name. It does not matter whether the owner was a U.S. citizen, a permanent resident, or a foreign national visiting only a few months per year. If your name is on the deed or the account and you die, Florida requires a court proceeding to transfer it.
For non-U.S. citizens, this means two parallel legal processes: one in the home country and one in Florida, each with its own attorney, its own deadlines, and its own costs.
Does Florida Probate Apply to Foreign Nationals?
Yes; fully and without exception. Florida law does not distinguish between U.S. citizens and foreign nationals when it comes to probate jurisdiction over Florida property. The rule is simple: if the asset is located in Florida and titled in a deceased person’s name, Florida has jurisdiction.
This applies to:
- A Florida condominium owned by a Canadian snowbird
- A Florida real estate investment owned by a European or Latin American investor
- A Florida bank or brokerage account held by a nonresident owner
- A vehicle registered in Florida under a foreign property owner’s name
Florida does not care where the owner lived, where they died, or what their home country’s inheritance laws say. Florida assets require Florida probate.
What Type of Florida Probate Is Required?
Florida has two main types of probate proceedings. Which one applies depends on the value of the Florida assets and how long ago the person died.
Formal Administration
Formal administration is the standard probate process. It is required when the value of the Florida estate exceeds $75,000 or when the person died less than two years ago. It involves court supervision, a mandatory creditor notification period, and formal approval of the final distribution. For most international property owners with a Florida condo or investment property, this is the path.
Summary Administration
Summary administration is a simplified process available when the total Florida estate is worth $75,000 or less, or when the person has been dead for more than two years. It does not require a personal representative and moves faster, but it still requires a court filing and a judge’s order.
An attorney can assess the Florida assets and recommend the correct proceeding from the start, avoiding the cost of refiling if the wrong type is selected.
Who Can Serve as Personal Representative in Florida?
This is where many international families run into their first problem. Florida law sets strict requirements for who is allowed to serve as the personal representative (the legal term for executor) of a Florida estate.
Florida requires that a personal representative be either:
- A Florida resident, OR
- A legally recognized relative of the deceased; such as a spouse, sibling, parent, or adult child, regardless of where they live
A foreign national who is not a relative of the deceased cannot serve as Florida personal representative, even if they were named as executor in the will.
This matters because international property owners often name a trusted friend, a business partner, or a home-country attorney as their executor. That person; if they are not a Florida resident or a qualifying relative, will be disqualified from serving in Florida. The estate must then identify a qualified individual or petition a bank or trust company to act instead.
If no qualified person exists, the Florida probate court will appoint an administrator, a process that adds time and cost to an already complex proceeding.
Planning tip: If you own Florida property, name a Florida-resident family member or a Florida-based professional as co-executor or successor executor in your will, or use a trust structure that avoids the personal representative requirement entirely.
When Is a Foreign Will Valid in Florida?
Florida will recognize a foreign will, but only if it meets Florida’s formal requirements or can be authenticated under Florida’s rules for foreign documents.
Florida generally accepts a foreign will if it was valid under the laws of the country where it was signed. However, there are common failures that cause foreign wills to be rejected:
- The will was signed before only one witness (Florida requires two)
- The will was only notarized; notarization alone does not meet Florida’s witness requirement
- The will is handwritten without witnesses (holographic wills are not always valid in Florida)
- The will is in a foreign language without a certified English translation
- The original document was not preserved; certified copies are required
When a foreign will is rejected, the estate falls under intestate succession; Florida’s default inheritance rules, which may distribute assets very differently than the owner intended.
What international owners should do: Have a Florida estate planning attorney review your home-country will to confirm it meets Florida’s requirements. If it doesn’t, a simple Florida will covering only the Florida assets can be added alongside your home-country documents.
Documentation Required for International Probate in Florida
Florida courts require specific documents to open an ancillary probate for a foreign national. Gathering these from abroad is one of the most time-consuming parts of the process and missing any one of them delays the entire proceeding.
Documents typically required include:
- Certified copy of the death certificate; must be the official government-issued version, not a photocopy
- Apostille or consular authentication; an international certification confirming the death certificate is genuine (required by the Hague Convention for participating countries)
- Certified translation; if any document is in a language other than English, a Florida court requires a certified English translation
- Original will or certified copy; with apostille or authentication if issued abroad
- Home-country probate order; if proceedings have already begun abroad, the Florida court may require a certified copy of the foreign court’s authorization
- Florida property title documents; deed, account statements, or vehicle registration confirming what Florida assets exist
Delays happen most often when families in another country do not realize Florida needs its own set of originals. A Florida probate attorney can send a complete document checklist at the start so the family knows exactly what to gather.
U.S. Estate Tax for Non-Resident Aliens
This is one of the most significant and most overlooked issues for international property owners in Florida. The U.S. estate tax applies to foreign nationals who own U.S. assets and the rules are far less generous than for U.S. citizens.
Estate Tax Exemption for Non-U.S. Citizens
U.S. citizens and permanent residents receive a federal estate tax exemption of over $13 million per person (as of 2026). Non-resident aliens receive only $60,000.
That means a nonresident alien who owns a $500,000 Florida condo may owe U.S. federal estate tax on approximately $440,000 of that value, at rates up to 40 percent. The tax is owed before the heirs receive anything.
For us estate tax for non-resident aliens, the taxable estate includes:
- All U.S. real property (including Florida real estate)
- U.S. bank accounts (with limited exceptions for certain account types)
- U.S. brokerage accounts holding U.S. securities
- U.S. business interests
Some countries have estate tax treaties with the United States that increase the exemption available to their citizens. Canada does not have an estate tax treaty with the U.S. Canadian owners receive only the $60,000 exemption. Several European countries do have treaties that may provide better treatment. A tax attorney familiar with cross-border estates can determine whether a treaty applies.
Planning note: Holding Florida property in a properly structured entity, such as a foreign corporation or a U.S. LLC, can remove the property from U.S. estate tax reach. This requires setup before death, not after.
Special Challenges in Cross-Border Probate
International estates have layers of complexity that purely domestic probates do not.
Two legal systems running at the same time. The home country handles the rest of the estate under its own laws. Florida handles the Florida assets under Florida law. The two proceedings must stay coordinated; on timing, creditor claims, and final distribution or one side creates delays and costs for the other.
International heirs and foreign beneficiaries. When the people inheriting the Florida property live outside the United States, there are additional steps: wire transfer compliance, foreign currency exchange considerations, and in some cases IRS withholding requirements on the sale or transfer of U.S. real property to foreign persons (FIRPTA).
Title company requirements. When Florida property is sold or transferred during probate, the title company must be satisfied that the estate proceeding was valid and that all taxes and creditors have been addressed. Title companies dealing with foreign-national estates often require additional documentation to insure the transaction.
Homestead complications. Florida homestead law restricts who can inherit certain Florida real estate. Even if a foreign national’s will leaves the Florida home to a distant relative, Florida homestead rules may require that it pass to a spouse or children instead, regardless of what the will says.
Language and time zone barriers. Coordinating between a Florida probate court and a family in Germany, Brazil, or Japan requires patience and an attorney who is experienced managing international communications and document requirements.
How to Avoid Florida Ancillary Probate on Your Property
The most effective planning step a foreign national can take is to restructure how Florida property is owned; before death, so it transfers without any Florida court proceeding.
Lady Bird Deed. A Lady Bird Deed (enhanced life estate deed) transfers Florida real estate to a named beneficiary at death, automatically and outside of probate. No court filing. No creditor waiting period. The owner keeps full control during their lifetime, including the right to sell or change the beneficiary. This is one of the simplest and most cost-effective tools available for Florida real estate.
Revocable living trust. A properly funded trust holds the Florida property in the trust’s name rather than the owner’s personal name. At death, the trustee transfers the property according to the trust terms, no Florida probate required. For international owners with multiple U.S. assets or complex estates, a trust provides the most flexibility.
Foreign corporation or LLC structure. Holding Florida real estate through a U.S. LLC or foreign corporation can avoid both Florida probate and U.S. estate tax exposure. When the owner dies, the corporate shares transfer under the home country’s laws and Florida never gets involved. This structure has its own setup and annual maintenance costs, but for high-value properties the savings are substantial.
Beneficiary designations. Florida bank and brokerage accounts can name a payable-on-death beneficiary, transferring the account directly at death without court involvement.
You can learn more about Florida probate avoidance strategies for all types of assets.
Frequently Asked Questions: Florida Probate for Non-U.S. Citizens
Does Florida probate apply to foreign nationals who own Florida property?
Yes, without exception. Florida courts have jurisdiction over any Florida asset titled in a deceased person’s name, regardless of the owner’s citizenship or country of residence. A non-U.S. citizen who owned a Florida condo, bank account, or other titled asset must have those assets handled through Florida probate before heirs can receive them.
What is ancillary probate in Florida and when does it apply to foreign owners?
Ancillary probate is a Florida court proceeding for assets owned here by someone who lived elsewhere. For foreign nationals, it runs alongside the home-country probate. Florida ancillary probate is required whenever a non-resident; U.S. or foreign, dies owning Florida property that was titled in their name alone with no transfer mechanism in place.
Who can serve as personal representative in Florida for a foreign national’s estate?
Florida requires the personal representative to be either a Florida resident or a qualifying relative of the deceased (spouse, sibling, parent, or adult child), regardless of where they live. A foreign national named as executor in the will cannot serve in Florida unless they are also a qualifying relative. If no eligible person is available, the court will appoint one.
What is the U.S. estate tax exemption for non-U.S. citizens?
Non-resident aliens receive a U.S. federal estate tax exemption of only $60,000, compared to over $13 million for U.S. citizens and permanent residents. A foreign national who owns a $500,000 Florida property may owe estate tax on $440,000 of that value at rates up to 40 percent. Some countries have estate tax treaties with the U.S. that may increase the exemption; a tax attorney can confirm whether one applies.
Will Florida recognize a foreign will?
Florida will recognize a foreign will if it was valid under the laws of the country where it was signed and meets Florida’s basic formal requirements. Common problems: the will has only one witness (Florida requires two), it was only notarized, or it lacks a certified English translation. A Florida attorney should review any foreign will before it is needed in a Florida proceeding.
What documents does Florida require to open probate for a foreign national’s estate?
Florida courts typically require a certified death certificate with apostille or consular authentication, certified English translations of any foreign-language documents, the original will or certified copy with authentication, and title documents for the Florida assets. Gathering these from abroad is the most time-consuming part of the process, plan for several weeks at minimum.
How can a non-U.S. citizen avoid Florida probate on their property?
Three tools work effectively: a Lady Bird Deed (transfers Florida real estate at death without court involvement), a funded revocable trust (holds the property in the trust’s name, bypassing probate), and a U.S. LLC or foreign corporation structure (which also removes the property from U.S. estate tax reach). Each requires setup before death, none of these options is available after.
Talk to a Florida Probate Attorney About Your International Estate
If you own Florida property and live outside the United States, or if you are managing a loved one’s Florida estate from abroad, The Schoonover Law Firm handles the Florida side of international probate proceedings from start to finish.
We work with foreign heirs, international families, and out-of-country attorneys who need a Florida-licensed counsel to manage the local court filings, creditor notice, homestead determinations, and document authentication requirements.
We also help non-U.S. citizen property owners set up Lady Bird Deeds, trusts, and other structures that eliminate the need for Florida probate entirely, before it becomes your family’s problem.
Schedule a free consultation with a Florida probate attorney today. We serve clients across Florida and work with international families remotely.
