Ancillary Probate in Alabama and Florida: Steps, Strategies, and Tips for Multi-State Property Owners

Guidance from a Birmingham, Alabama estate planning attorney.

Owning property in more than one state can be a blessing for families, but it can also create challenges when it comes to estate administration. If a loved one passes away while owning real estate outside of their home state, the family may have to navigate a process called ancillary probate. This situation often arises between Alabama and Florida, where it is common for families to own a primary residence in one state and a vacation home, farmland, or rental property in the other.

What Is Ancillary Probate?

Ancillary probate is a secondary probate proceeding that takes place in a state other than where the deceased person lived. The primary probate is opened in the person’s state of residence, while ancillary probate is required in each additional state where an individual owned real property.

For example:

• An Alabama resident who individually owns a Florida condo will require ancillary probate in Florida.

  
  

• A Florida resident who individually owns Alabama farmland will require ancillary probate in Alabama.

  
  

Without proper planning, the family may need to hire attorneys in both states and navigate two different sets of probate laws.

Why Ancillary Probate Can Be Complicated

• Added cost and delay. Two probate cases often mean more attorney fees, court costs, and administrative work.

  
  

• Different laws. Each state has its own rules and procedures for the probate process. Families may be surprised to learn that what works in one state does not automatically apply in the other.

  
  

• Emotional burden. Probate can be stressful—managing it in two states can make the process even harder for grieving families.

  
  

How Does the Ancillary Probate Process Work?

Ancillary probate follows many of the same steps as a regular probate in the decedent’s home state, but because each state has authority over real property within its borders, the local rules must be followed. Here is how the process generally works in Alabama and Florida:

Alabama Ancillary Probate

Governing law: Ala. Code § 43-8-175

• Primary Probate First – The estate is first opened in the decedent’s home state, and the will (if there is one) is admitted to probate there.

  
  

• Filing in Alabama – The personal representative (or an heir/beneficiary) files certified copies of the will, death certificate, and Letters Testamentary (or Administration) with the probate court in the Alabama county where the property is located, along with a Petition for Ancillary Administration.

  
  

• Court Review – If the will is properly authenticated, Alabama courts will accept it.

  
  

• Appointment of Ancillary Personal Representative – The court appoints a personal representative to administer the Alabama estate. This may be the same personal representative as in the home state, but not always.

  
  

• Creditor Notice & Inventory – The personal representative must notify creditors and file an inventory of the Alabama property.

  
  

• Sale or Transfer of Title – After the creditor period closes and debts are paid, the court authorizes the sale or transfer of the Alabama property to heirs or beneficiaries.

  
  

Important Note: Alabama law requires wills to be probated within five years of death.

Florida Ancillary Probate

Governing law: Fla. Stat. § 734.102

• Primary Probate First – Just like in Alabama, probate begins in the home state, and the will is admitted there before ancillary proceedings are filed in Florida.

  
  

• Filing in Florida – Certified copies of the will, death certificate, and Letters Testamentary (or Administration) are filed with the probate court in the Florida county where the property is located, along with a Petition for Ancillary Administration.

  
  

• Appointment of Ancillary Personal Representative – Florida requires that the ancillary personal representative meet Florida’s legal qualifications. Sometimes this is the same person as the home-state representative, but not always.

  
  

• Creditor Notice & Inventory – The personal representative must publish notice to creditors and provide an inventory of the Florida property.

  
  

• Formal vs. Summary Administration – Depending on the size of the estate and the debts involved, Florida allows either a simplified “summary administration” or a full formal administration.

  
  

• Sale or Transfer of Title – Once the creditor period has expired and debts are paid, the court authorizes the transfer or sale of the Florida property to heirs or beneficiaries.

  
  

How to Avoid Ancillary Probate

The good news is that with proper planning, you can often avoid the need for ancillary probate entirely. Here are some of the most common tools:

• Revocable Living Trusts – Real estate in multiple states can be placed into a revocable living trust, which allows it to pass outside of probate. After your death, the property will be managed according to the trust’s terms — it may be held for beneficiaries, sold with proceeds distributed to the trust or beneficiaries, or transferred directly to beneficiaries.

  
  

• Life Estate Deeds (Alabama) – A warranty deed can create a life estate, giving the owner the right to occupy and use the property for the rest of their life while transferring the remainder interest to the beneficiary.

  
  

• Lady Bird Deeds (Florida) – Also called Enhanced Life Estate Deeds, these allow property to transfer directly to beneficiaries when the owner dies, avoiding probate. Unlike traditional life estate deeds, they let the owner retain full control during their lifetime, including the right to sell, mortgage, or change beneficiaries.

  
  

• Joint Ownership with Rights of Survivorship – When property is titled this way, it passes automatically to the surviving co-owner at death and does not go through probate.

  
  

Important Note: Each of these strategies has advantages and potential drawbacks, including tax consequences, Medicaid eligibility issues, or loss of flexibility. What works well in one situation may not be appropriate in another. It is best to consult with an estate planning attorney familiar with Alabama and Florida law before making any decisions.

Why Planning Ahead Matters

Families who own property in both Alabama and Florida should review their estate plans carefully. Without planning, heirs may face two different probate proceedings at the same time. With proper planning, you can spare loved ones unnecessary expenses, delays, and stress.

Your Next Step

Every family’s situation is different, and the right approach depends on your property, goals, and loved ones’ needs. At Provident Law / Estate Planning LLC, we:

• Help clients in Alabama and Florida plan ahead to avoid ancillary probate.

  
  

• Guide families through the probate process when a loved one has already passed.

  
  

If you own real estate in both Alabama and Florida, now is the time to plan. Contact us today to protect your legacy and your loved ones.

About the Author

Colin McMichen is an experienced attorney and the founder of Provident Law / Estate Planning LLC, a Birmingham, Alabama-based firm. With a focus on estate planning and probate law, Colin is dedicated to helping individuals and families navigate complex legal matters with confidence.