Owning property outside Florida can quietly set your family up for extra probate. If you die as a Florida resident while you still hold title to real estate in another state, your loved ones may need a second proceeding in that state to transfer title.
Lawyers call this ancillary probate, a separate administration tied to where the property sits. Florida law also uses “ancillary administration” when a nonresident owns Florida property.
This post explains how revocable trusts help reduce multi-state court involvement, what “funding” a trust really means, and where timeshares and niche assets tend to cause surprises.
Probate courts generally cannot change title to real estate located in another state, because each state controls land records within its borders. That reality often forces heirs into multiple court systems when a person owns out-of-state real estate in an individual name.
A revocable trust can help because you transfer assets to the trustee during life, so the trustee can manage and distribute trust-owned property at death without a probate appointment for those assets. The key word is “trust-owned.” A signed trust document alone does not move title.
“Funding” means you retitle assets into the trust (or otherwise align beneficiary designations) while you are alive. For out-of-state real estate, that often requires a new deed into the trust that complies with the other state’s rules.
Timeshares and niche assets can complicate the checklist. Some timeshares deed like real property; others function more like contract rights. Either way, the transfer process usually depends on the specific ownership documents and the resort or program’s transfer requirements.
The same goes for mineral interests, fractional interests, or LLC-held property. You want the trust terms and the asset’s governing documents to point in the same direction, or your heirs may still face delays and extra filings.
Schnauss Naugle Law helps Jacksonville families use revocable trusts as part of a broader estate plan, including planning that addresses probate concerns. If you own property outside Florida, we can review our trust funding steps, identify titling gaps, and outline a clean plan to reduce multi-state probate headaches. Reach us at 904-643-6342 or use the intake form.
