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How to Handle Probate for Out-of-State Property: A Florida Perspective

Navigating the complexities of inheriting property can be overwhelming, particularly when that property is located out-of-state. Understanding Florida's laws and how they interact with other jurisdictions is crucial. This blog aims to be your guide through this intricate process.

Does Florida Honor Out-of-State Wills?

Florida generally recognizes out-of-state wills as long as they comply with the laws of the state where the will was made. This is essential to note for Florida residents who may inherit property located in another state. If the will is valid according to that state's laws, Florida will generally honor it. However, it should meet some legal requirements like being in writing and made by a competent person[6].

How Does Real Estate Pass to Heirs in Florida?

Real estate in Florida passes to heirs based on the decedent's will or according to Florida's inheritance laws if there's no will. These laws aim to protect the rights of citizens to inherit property[3]. If the deceased had a valid will, the property would usually go to the named beneficiaries. Without a will, the state's intestacy laws dictate who inherits the property.

What Happens When You Inherit a Property in Florida?

If you inherit a property in Florida, it typically goes through the probate process. The probate court will validate the will and oversee the distribution of the estate, including settling debts before heirs receive any inheritance[2]. It's essential to remember that heirs only receive what's left after all the decedent's debts have been paid off.

Do I Have to Pay Taxes on a House I Inherited in Florida?

In Florida, there are no state taxes related to inheritance. However, the federal government might levy an estate tax, depending on the value of the inherited property. It's crucial to consult a tax advisor for personalized advice[2].

Quick Tips for Handling Probate for Out-of-State Property

  1. Consult a Local Attorney: If you're dealing with out-of-state property, consult an attorney experienced in that state's probate laws.

  2. Prepare All Necessary Documents: Ensure you have all the necessary documents like the will, death certificate, and asset inventory list.

  3. Be Informed about Ancillary Probate: If the deceased owned property in multiple states, ancillary probate may be necessary in each state where property is located.

  4. Coordinate with Florida Probate Courts: Keep in regular touch with Florida probate courts if you're a resident, to synchronize the out-of-state and in-state probate processes.


Understanding how Florida law governs the inheritance of out-of-state properties is essential for anyone dealing with such a situation. Being informed helps you navigate the probate process more efficiently and ensures you comply with all legal requirements.

For personalized guidance and more in-depth information, fill out this form or call us. We are here to assist you every step of the way.


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