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How can ancillary probate impact the sale of Florida property?

On Behalf of | Jun 20, 2025 | Probate | 0 comments

Ancillary probate refers to the legal process that occurs when someone dies owning property outside of their home state. If that property is located in Florida, ancillary probate will be required to transfer ownership of that property. This process can affect the sale of property in several ways, particularly in terms of time, costs, and legal complexity.

Time delays

One of the most significant ways ancillary probate impacts the sale of Florida property is through time delays. The process requires a court to validate the deceased’s will, appoint a personal representative, and settle the estate. This may stretch over several months, preventing the sale of the property during that time. 

If the property is part of an estate that’s entangled in complex legal matters, it can extend the timeline further. Sellers, buyers, and real estate agents need to plan for these delays and manage expectations accordingly.

Increased costs

This type of probate can also lead to higher costs, both for the estate and for the individual selling the property. Legal fees and court costs are often associated with the probate process, and these expenses can reduce the value of the estate. 

The buyer may also face their own costs, such as title issues or the need for legal counsel to ensure the property transfer is legitimate. These increased costs can make the property less attractive to potential buyers, who may decide to look elsewhere.

Legal complications

Selling property involved in ancillary probate can be more complicated than selling property that’s free of probate. The personal representative must have the legal authority to transfer the property, which can require additional paperwork and court involvement. This can create legal hurdles for the seller and add uncertainty to the sale process. In some cases, the probate court may impose restrictions on the sale, further complicating the transaction.

While ancillary probate can create obstacles, it’s not an insurmountable challenge. With the right preparation, you can successfully manage the sale of Florida property and ensure a smoother transition of ownership.

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