The Remote Executor’s Guide: How to Probate a Florida Estate Without Leaving Your Home

Losing a loved one is difficult enough, but when that loved one lives in Florida and you live hundreds of miles away, the legal aftermath can feel insurmountable. Many out-of-state executors believe they have to spend thousands on flights and hotels to settle a Florida estate, but the reality is that the modern probate process can often be handled entirely through mail and electronic filing.

Since Florida law generally requires a personal representative to hire a lawyer to navigate the court system, the key is finding a specialized Florida probate attorney for out of state executors who understands the logistics of remote representation. By focusing on efficiency and flat-fee transparency, it is possible to fulfill your duties to the estate without the stress of constant travel.

At Statewide Probate, we have helped hundreds of executors, heirs, and personal representatives from New York, Ohio, California, Illinois, Texas, and dozens of other states settle Florida estates remotely. Our attorneys are licensed in Florida and familiar with every county, from Miami-Dade and Broward in the south to Escambia and Santa Rosa in the Panhandle, and everywhere in between. 

We offer flat-fee pricing so you know the exact cost up front, and we handle all court filings, notices, creditor claims, and communications electronically or by mail so you rarely (if ever) need to appear in person.

Why Florida Requires an Attorney for Most Probate Cases

Under the Florida Probate Code (Chapters 731–735, Florida Statutes), when someone dies owning property in Florida, the estate generally must go through probate if assets exceed certain thresholds or if titled property needs to be transferred. Florida law requires that a personal representative (also called an executor or administrator) be appointed by the court. In nearly all formal and many summary proceedings, the personal representative must be represented by a Florida-barred attorney (Fla. Prob. R. 5.030).

This attorney requirement protects the estate and beneficiaries but can intimidate out-of-state families who assume it means multiple trips to Florida courthouses. The good news: Florida courts have embraced electronic filing through the statewide Florida Courts E-Filing Portal, Zoom hearings for many non-evidentiary matters, and mail-based service of process. With the right attorney, the entire process (from filing the petition to receiving Letters of Administration or final distribution) can often be completed without you ever setting foot in the state.

Summary Administration vs. Formal Administration: Choosing the Right Path

Florida offers two main probate tracks, and choosing the correct one can save months and thousands of dollars.

Summary Administration

• Designed for smaller or simpler estates.
• Available if the total value of the probate estate (excluding homestead and exempt property) is $75,000 or less, or if the decedent has been deceased for more than two years.
• No personal representative is formally appointed in most cases; the court can order distribution directly to heirs.
• The process typically completes in two to six months with minimal court involvement.
• Ideal for out-of-state families with modest Florida assets (bank accounts, small investment portfolios, personal property, or a single piece of real estate).
• Requires a petition, death certificate, and list of assets/liabilities; most paperwork handled remotely.

Formal Administration

• Required for larger estates or when creditors need formal notice, disputes exist, or real property must be sold/transferred with clear title.
• Involves appointing a personal representative, publishing notices to creditors, inventory filing, and potential accounting.
• Takes six to 18 months or longer if contested.
• Still fully manageable remotely with proper representation; the personal representative can waive in-person appearances in most counties, especially for uncontested matters.

Many out-of-state executors qualify for Summary Administration but assume Formal is required, leading to unnecessary cost and delay. We review the estate details during your free consultation to recommend the fastest, least expensive path.

Special Situations for Out-of-State Families

• Ancillary probate: If the decedent owned Florida property but lived and died in another state, an Ancillary Administration may be needed to transfer title. This is a limited proceeding that focuses only on Florida assets and is frequently handled remotely.
• Homestead property: Florida’s strong homestead protections often allow real property to pass outside probate to heirs, but proper disclaimers or elections may be needed. We guide out-of-state heirs through these nuances without requiring travel.
• Creditor claims and debts: Florida’s creditor claim period (generally three months after notice publication) must be managed carefully. We handle publication, review claims, and negotiate settlements remotely.
• Personal representative duties: Even if you are named in the will, Florida courts often require a resident agent for service of process. We can serve in that capacity or coordinate with a trusted local agent.

Why Flat-Fee Pricing and Statewide Coverage Build Trust

Probates should not add financial stress during grief. That’s why Statewide Probate offers transparent flat-fee probate Florida pricing tailored to the type of administration and complexity of the estate. You receive a fixed quote after our initial review. This means no escalating hourly rates, and no surprise court appearance fees. 

Our attorneys appear in every Florida county, so whether the estate is in bustling Miami-Dade, retirement-heavy Lee or Sarasota, or rural Calhoun or Liberty, we have the local knowledge and e-filing access to move your case forward efficiently.

You don’t have to fly to Florida to settle an estate. Whether the estate qualifies for a simplified Summary Administration or requires a full Formal Administration, Statewide Probate offers a clear, fixed-price path forward. Get a free 15-minute consultation and a flat-fee quote today and let us handle the Florida courts while you focus on your family.

Contact Statewide Probate now through a call, email, or complete our secure online form. We’ll respond quickly, explain your options in plain English, and give you peace of mind knowing experienced Florida probate professionals are managing everything from start to finish.