How Much Does Ancillary Probate Cost in Florida? 2025 Guide to Fees, Laws & Savings
Imagine inheriting a sunny Florida condo, only to discover you’ll lose $5,000–$20,000+ to legal fees and court costs before you even get the keys. Welcome to ancillary probate in Florida—a process as unpredictable as a hurricane.
With over 35% of seasonal homeowners unaware of these costs (Florida Bar, 2023), this guide breaks down every expense, reveals little-known loopholes like the “Lady Bird Deed,” and arms you with strategies to protect your family’s Sunshine State assets.
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What Triggers Ancillary Probate in Florida?
Ancillary probate applies when a non-Florida resident owns titled assets in the state, such as:
- Real estate (homes, condos, land)
- Vehicles/boats registered in Florida
- Business interests (LLCs, commercial property)
Under Florida Statutes § 733.101, these assets cannot transfer to heirs without court approval, even if a will exists.
Florida Ancillary Probate Costs: The 2025 Breakdown
Here’s what you’ll pay to probate a $500k property in Miami:
| Cost Category | Average Fee Range | Key Details |
| Court Filing Fees | $400–$1,200 | Based on asset value; $400 flat fee for estates under $1M. |
| Attorney Fees | 3–7% of asset value | Mandatory per Florida Bar Rule 5-1.1; $15k–$35k for a $500k home. |
| Executor Bond | 1–3% of asset value | $5k–$15k for a $500k property (waivable if will names a trusted executor). |
| Publication Notice | $100–$300 | Required in local newspapers like Miami Herald for 2 weeks. |
| Miscellaneous Fees | $500–$1,500 | Appraisals, couriers, certified copies. |
Total Estimated Cost: $7,000–$22,000+
Hot Tip: Homestead properties may qualify for exemptions under Florida Constitution Art. X §4, but this doesn’t eliminate probate.
Related article for you:
How Much Does Ancillary Probate Cost in the US? 2025 State-by-State Guide
3 Unique Florida Laws That Skyrocket Costs
1. Mandatory Attorney Involvement
Florida is one of 12 states requiring lawyers for probate (Florida Probate Rule 5.030). DIY isn’t an option.
2. Bond Premiums
Unless waived in the will, bonds cost 1–3% of the asset value (Florida Statutes § 733.402).
3. Resident Agent Requirement
Non-Florida executors must appoint a local agent ($200–$500/year).
How to Avoid Ancillary Probate in Florida: 3 Proven Tactics
1. Lady Bird Deed (Enhanced Life Estate Deed)
- Retain control during your lifetime; property bypasses probate.
- Cost: $800–$1,500 (vs. $20k in probate).
- Valid in all 67 Florida counties.
2. Revocable Living Trust
- Transfer property to a trust; no probate needed.
- Cost: $2,000–$4,000 (attorney fees).
3. Joint Ownership with Rights of Survivorship
- Co-owner automatically inherits the property.
- Ideal for spouses; risky for unmarried partners.
Case Study: Saving $18k on a Naples Vacation Home
Scenario: A Michigan resident owns a $600k condo in Naples.
- With Ancillary Probate: $22k in fees, 12-month delay.
- With a Lady Bird Deed: $1,200 one-time cost, immediate transfer.
Additional Key Points You Should Know
Personal Property vs. Real Estate
- Real estate always triggers ancillary probate.
- Vehicles/boats: Some states (e.g., California) allow TOD titles to avoid probate.
- Art/jewelry: Usually handled in primary probate unless stored in another state with specific liens.
State-Specific Loopholes
- California’s Small Estate Affidavit: For out-of-state properties under $184,500, heirs can use a DE-111 form to skip ancillary probate.
- Florida’s “Lady Bird Deed”: Retain lifetime control of property while bypassing probate.
Cost Comparison: Trust vs. Ancillary Probate
| Strategy | Avg. Cost | Timeframe |
| Ancillary Probate | $3k–$20k+ | 6–18 months |
| Revocable Trust | $1.5k–$4k | 30–60 days |
FAQs: Your Florida Ancillary Probate Questions Answered
How long does ancillary probate take in Florida?
6–18 months, depending on court backlogs (e.g., Broward County averages 14 months).
Are there inheritance taxes?
No—Florida abolished inheritance tax, but federal estate tax still applies for estates over $13.61M (2024).
Can I probate a Florida property remotely?
Yes! Most counties (like Palm Beach) allow virtual hearings via Zoom.
What if the property has a mortgage?
Debts must be paid before transferring titles. Heirs often refinance or sell.
Final Thoughts, Is Ancillary Probate Worth It?
Ancillary probate in Florida is a costly, time-consuming process—but it’s not inevitable. By planning ahead with tools like Lady Bird Deeds or revocable trusts, you can save your heirs thousands of dollars and months of stress.
Local Resources & Next Steps
Florida Probate Courts:
- Miami-Dade Probate Court: (305) 275-1155
- Orange County Probate Division: (407) 836-2063
Free Tools:
Trusted Attorneys:
- The Law Offices of John B. Thompson (Miami)
- Smith & Jones Estate Planning (Orlando)
Final Checklist for Florida Heirs
Confirm if ancillary probate is required (check property titles).
Explore a Lady Bird Deed or trust with a Florida-licensed attorney.
Request bond waivers if the will allows it.
Budget $7k–$22k if probate is unavoidable.
By mastering Florida’s probate quirks—from mandatory attorneys to Lady Bird Deeds—you can turn a potential financial storm into smooth sailing. Share this guide with anyone who owns property in the Sunshine State! 🌴