Why is a deed signed by an executor from another state not valid in Florida?  Florida law currently does not recognize the power an executor from another state to distribute or sell real property in Florida. This is a very confusing part of probate law because for some time Florida had a statute which did permit foreign executors to convey Florida real estate. Why the statute was changed is a matter of debate, but “turf protection by Florida lawyers” is a good bet. (The statute does allow a foreign executor to satisfy a mortgage owned by a decedent.) In addition, in many other states the law does recognize the power of a foreign executor (say, one from Florida) to convey title to real estate by deed. So, some non-Florida attorneys, thinking Florida has the same law as they do, prepare and record a foreign executor’s deed or personal representative’s deed in Florida and think the job is done. Years later, the frustrated heirs or owners find out to the contrary, making for some unhappy people and the need for ancillary probate administration in Florida to cure the defect.

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