Can an Out-of-State Personal Representative Bring a Wrongful Death Action in Florida?

Question: I am the personal representative of an estate located outside of Florida.  The deceased died in Florida in an auto accident.  However, the deceased did not reside there or own any assets in Florida.  Can an out of state personal representative bring a wrongful death action in Florida even if there is no ancillary probate proceeding in Florida?

Answer:    Yes.  There may be instances where the resident of another state dies in Florida without having any assets in Florida that would require a probate proceeding in Florida.  Under Florida law, a foreign (non-Florida) personal representative may file a wrongful death claim in Florida court if the activities that gave rise to the action occurred in Florida.  The personal representative that brings the suit does not have to be a Florida resident.  The foreign personal representative will want to retain an attorney licensed in Florida to represent them in the action.  Additionally, the out of state personal representative or executor will need to present duly authenticated letters of administration from the other state’s probate court.