The "Snowbird" Complication: What happens when a seasonal resident passes away in Florida but has a primary residence Upstate?

Florida’s famous for its snowbirds, who usually own a condo, townhouse, or vacation home in Florida while keeping their primary residence up north. 

But when a seasonal resident passes away, that multi-state home lifestyle can create a few legal surprises for their family. What originally seemed like a simple estate can suddenly involve courts in two different states. This is where ancillary probate comes in. 

Ancillary probate is a secondary probate process that takes place in Florida when someone passes away owning property in the state but legally lives elsewhere. It allows a Florida court to transfer ownership of Florida real estate, even though the main probate case is handled in another state.

One Estate, Two Sides

When someone dies, their estate is typically handled in the state where their main residence is. For many snowbirds, that’s New York or New Jersey.

However, real estate is governed by the law of the state where it’s located.

So if a New York or New Jersey resident owns property in Florida, that Florida property can’t simply be handled through the home-state probate process.

That means the family ends up dealing with primary probate in the state where the main residence is, and ancillary probate in Florida. 

That means two courts, two sets of state rules, and two probate processes happening simultaneously. 

Yeah…we know it sounds overwhelming, but:

It’s Complicated—But It’s Manageable

We’ve seen many families of snowbirds who often worry they’ve done something wrong or that the process will spiral out of control. The truth is, ancillary probate is very common for seasonal vacationers, and it’s something Florida courts handle every day.

Having an attorney familiar with Florida probate can make a huge difference. An experienced professional helps coordinate between the home-state estate and the Florida court, ensures deadlines are met, and keeps paperwork from bouncing back and forth unnecessarily. 

Instead of reacting to problems as they arise, a probate attorney helps families anticipate issues and handle the process smoothly. 

What the Ancillary Probate Process Looks Like in Florida

While every case is a little different, ancillary probate in Florida generally follows a predictable sequence:

The process begins when a certified copy of the out-of-state probate documents is filed with a Florida probate court in the county where the property is located. This officially opens the ancillary case.

Next, the court appoints a Florida personal representative or recognizes the out-of-state executor, depending on the circumstances. Notices may be issued to interested parties, and required disclosures are filed with the court.

Once the legal authority is established, the Florida property can be properly managed. This may include transferring title to heirs, selling the property, or addressing liens, HOA obligations, and insurance requirements.

After the property is transferred or sold and all court requirements are satisfied, the Florida probate case is closed. At that point, the estate can move forward.

Can Ancillary Probate Be Avoided?

In many cases, yes—but only with proper estate planning done before death. Once someone passes away owning Florida property in their individual name, ancillary probate is often unavoidable.

Several planning tools are commonly used to help families avoid this extra probate process:

Revocable Living Trusts
Placing Florida real estate into a revocable living trust allows the property to pass according to the trust terms without going through probate in any state. This is one of the most flexible options and works well for many snowbirds who own property in multiple states.

Joint Ownership with Rights of Survivorship
When property is titled correctly, ownership can automatically transfer to the surviving owner at death. 

Lady Bird Deeds (Enhanced Life Estate Deeds)
Unique to Florida, a Lady Bird deed allows a property owner to keep full control during their lifetime while naming a beneficiary to receive the property automatically at death—without probate. These deeds can be powerful but must be drafted carefully to avoid complications.

Answering Ancillary Probate Questions

Does ancillary probate apply to bank accounts or vehicles in Florida?
Usually no. Ancillary probate is most commonly required for Florida real estate. Financial accounts or vehicles may transfer through other legal mechanisms, depending on how they were titled.

Will ancillary probate affect property taxes or homestead exemptions?
Yes, it can. Florida homestead tax benefits typically end when the owner passes away, and delays in probate can affect tax status, exemptions, or reassessments.

Can Florida ancillary probate happen years after someone passes away?
Yes. If a Florida property is discovered later or left unresolved, an ancillary probate case can be opened long after the original death.

Do all heirs have to agree for ancillary probate to move forward?
No. Probate is a court-driven process. Even if heirs disagree, the court can still move the case forward based on the law and the available evidence.

Can ancillary probate be handled remotely?
In many cases, yes. Much of the process can be handled without heirs traveling to Florida, especially when represented by an attorney.

What’s Next?

If you or a loved one owns property in Florida and another state, the most important step is awareness. Knowing that ancillary probate exists allows you to plan before it becomes a problem.

Start by reviewing how any Florida property is titled and whether it aligns with your current estate plan. If the property was purchased years ago—or after your will or trust was created—it may not be protected the way you expect.

For families already facing probate, gathering documents early can help: deeds, wills, trust paperwork, and information about the home-state probate case. Having everything organized makes the process worlds easier.

Most importantly, don’t assume the situation will “sort itself out.” We’ve seen too many families assume that. Multi-state estates follow strict rules, and small details can have big consequences. Our best advice would be to immediately contact a probate attorney and get started on your planning!