Out-of-state heirs and Florida property

Florida has more out-of-state heirs than any state in the country. Snowbirds, retirees, vacation-home owners, and Florida natives whose families relocated all leave Florida property to heirs scattered across the country (or world).

The good news: Florida probate runs comfortably for out-of-state heirs. We've handled cases where every beneficiary was in a different state. With a competent Florida attorney, you may never need to fly down.

Two common scenarios

• Florida-resident decedent, out-of-state heirs: standard Florida probate, run remotely with the heirs. Decedent's primary residence was Florida; estate is administered here.
• Out-of-state decedent, Florida property: ancillary administration. Home-state probate handles the rest of the estate; Florida ancillary handles the FL property only. Heirs may be in either state or elsewhere.

These two are different procedures. We have a separate ancillary probate guide that covers scenario 2 in depth.

Can an out-of-state person serve as PR?

Florida allows out-of-state PRs in specific circumstances. Florida statute 733.304 lays out who can serve:

• Spouse, sibling, parent, or descendant of the decedent — these family members can serve regardless of residency.
• Adopted child or adopted parent of the decedent — same.
• Any close relative by lineal descent — same.
• Non-relatives — must be Florida residents. A nonresident who isn't a close relative can't serve, even if the will names them.

Practical impact: most out-of-state family members can serve as PR for a Florida decedent. Out-of-state friends or unrelated parties usually cannot.

How probate runs remotely

Modern Florida probate works for out-of-state heirs without trouble:

• E-filing: all documents file through myflcourtaccess.com. No in-person filing required.
• E-signature: petitions, joinders, waivers, and accountings can all be signed electronically (DocuSign or similar). We send links; you sign on your phone.
• Notarization: increasingly handled via remote online notarization (RON), which Florida recognizes. Out-of-state heirs can notarize without traveling.
• Bank communication: PR (or attorney) handles directly with banks; heirs typically don't interact with banks individually.
• Inventory review: shared via secure portal; heirs review and ask questions remotely.
• Final distribution: wire transfers, ACH, or checks mailed. No in-person collection.

What requires in-person

The shrinking list of things that genuinely require physical presence in Florida:

• Safe-deposit-box opening (sometimes): a Florida-only safe-deposit box may need court order or specific procedures. We handle this on behalf of out-of-state heirs.
• Real estate showings or inspections: if the property needs to be inspected or shown to buyers, we coordinate with local agents and contractors.
• Specific court hearings (rare): most probate hearings are uncontested and don't require attendance. The few contested matters that go to in-person hearing can sometimes be handled by video; if not, we attend on your behalf.
• Property cleanout and personal-effects sorting: this is family work. We can recommend local services if no family member can travel.

Tax considerations for out-of-state heirs

• No Florida estate tax: Florida has none. Heirs don't owe Florida tax on inheritance.
• No Florida inheritance tax: Florida doesn't tax heirs on what they receive.
• Federal estate tax: paid by the estate (not heirs) only if it exceeds the federal exemption (~$13.6M in 2026). Most estates owe nothing.
• Heir's home-state tax: most states don't tax inheritance from out-of-state. A few (Pennsylvania, New Jersey, Maryland, Iowa, Nebraska, Kentucky) have state inheritance tax. Check with your home-state advisor.
• Stepped-up basis applies: if you sell inherited Florida property later, your basis is the date-of-death value, not what the decedent paid. See our basis guide.
• Florida property tax: as the new owner, you'll inherit the property tax obligation. Save Our Homes cap usually resets unless you (the heir) make it your primary residence.

If you want to keep the Florida property

Out-of-state heirs sometimes want to hold Florida real estate as a vacation home or rental. Considerations:

• Property tax: SOH cap typically resets. Your assessed value will be current market value (not what the decedent paid years ago).
• Insurance: as a non-primary residence, premiums increase. Snowbird and seasonal-resident policies are widely available but cost more.
• Maintenance: someone has to handle repairs, lawn, hurricane prep. Property managers run $1,500–$3,000/year for basic services.
• HOA dues, condo assessments: continue to accrue; you're responsible from inheritance forward.
• Short-term rental (if zoning permits): generates income but requires active management or a service. Some condos and HOAs prohibit short-term rentals.
• Primary-residence flip: if you intend to relocate to Florida and use the property as primary residence, you can re-establish homestead protections after move and one tax cycle.

If you want to sell

Selling inherited Florida property as an out-of-state heir is straightforward:

• Wait for probate authority (PR or successor trustee) to issue.
• Hire a Florida real estate agent familiar with probate sales — we coordinate referrals.
• List, show, sell remotely: standard sale process. Typical 45–90 days from listing to close.
• Sign closing documents remotely: e-sign supported by all major Florida title companies.
• Receive proceeds: wire transfer to your home-state account.
• Tax: capital gains calculated against stepped-up basis. Often minimal if sold within 1–2 years of death.

See our Selling an inherited Florida home guide for the full sale-process detail.

What people ask us about this.

Related guides

Intake reopens late October 2026. The guides stay free.

Rachel is not accepting new clients until late October 2026. Leave your details and we'll call when intake reopens. If your matter can't wait, The Florida Bar Lawyer Referral Service — 800-342-8011 — refers you to another Florida attorney taking cases now.