Living Out of State? How to Handle a Florida Probate Without Leaving Home

Living Out of State? Here is How to Manage a Florida Probate Without Leaving Home

If you live in New York, Ohio, or anywhere outside of Florida, learning that you have been named the Personal Representative (executor) of a Florida estate can feel overwhelming. You may be grieving a loss while simultaneously worrying about logistics: Do I have to fly down? How will I manage a house in Miami or Orlando from Brooklyn?

The good news is that Florida’s probate system is modern and largely digital. At Alexander Gil, PLLC, we regularly represent out-of-state executors manage the entire process remotely. Here is what you need to know.

1. You Likely Do Not Need to Travel

Historically, probate required physical presence in the county courthouse. Today, Florida courts utilize e-filing systems. We file all petitions, inventories, and accountings electronically. If a hearing is required, most judges now allow attendance via Zoom. In rare circumstances, a judge may request in-person attendance, but this is uncommon.

2. Florida Requires an Attorney

Unlike some states where you can “DIY” probate, Florida law almost always requires a Personal Representative to be represented by a Florida-licensed attorney. This is actually a benefit for out-of-state executors; because we are legally required to guide you, we act as your “boots on the ground,” handling the legal heavy lifting so you don’t have to.

3. Who Can Serve as Executor?

Florida has strict rules about who can serve as a Personal Representative. If you are not a Florida resident, you must be related to the decedent (by blood or marriage) to serve. If you are a son, daughter, sibling, or spouse living in New York, you are generally qualified to serve.

The Bottom Line: Distance shouldn’t prevent you from honoring your loved one’s wishes.

Are you an out-of-state executor needing help with a Florida estate? Schedule a consultation with Alexander Gil, PLLC today. We serve clients across all 67 Florida counties virtually.

Related posts:

  1. Can You Sell a House During the Probate Process?
  2. How Are Real Estate Properties Handled in Probate?
  3. When is Probate Necessary in Florida?
  4. Featured Article: Adapting to the Outbreak Environment

Author Bio

Alexander Gil was admitted to the Florida Bar in September of 2014. His focus is primarily in the areas of estate planning, special needs planning, asset protection planning, guardianship administration, and probate administration.

Alexander graduated Magna Cum Laude from the University of Miami School of Law in 2014. In addition to his law degree, Alexander earned a Masters in Taxation from the University of Miami School of Law Joint Degree Program. He was a Staff Editor for the Inter-American Law Review.

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Alex has been amazing throughout the whole process of my estate planning. He was able to make recommendations based on my family of what pieces to set up and walked me through why he recommended each. He's prompt on his follow up for questions and has made understanding all the documents really easy. I dreaded having to do the process until I was able to meet with Alex and calmed me down and made me feel good about the process. I'd give him 10 stars if I could.

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I first meet Alex when he was presenting for parents on Wills and Trusts and immediately was impressed with his approach and understanding. We proceeded with his services. Not only was he professional but he was very understanding and took the time to hear us and explain every step while answering every question we had. As a parent of a special needs adult, the process can be overwhelming and somewhat depressing but he assured us and helped us feel very good about our plans. He is now our attorney for life! Thanks Alex!!

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