If a non-resident of Florida (an out-of-state resident) dies leaving real property or financial property in the State of Florida, a probate case will be administered in the county in which the property is located.

This type of probate is known as an ancillary administration. The personal representative in the decedent’s last will and testament will be appointed by the Florida probate court to administer the estate assets located in Florida. The court will issue letters of administration that will allow the personal representative to gather the decedent's assets and transfer those assets to the decedent's beneficiaries. A probate does not have to be opened in the state where the person resided at the time of their death.