Tampa, FL asked in Estate Planning and Probate for Florida

Q: In Florida, does a house always go into probate and get tied up for months, even if there is a will?

Our will lawyer is saying that because there is a will, there should be no probate for the house and a quick process. This doesn't sound right to me and I was thinking about a Lady Bird Deed.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: I think you must have misunderstood what the lawyer told you. For real property such as a house, a probate petition must be filed, whether or not there is a will. How long it takes depends, but there is a minimum period of time required for notification to creditors.

I have found reference to "Lady Bird deeds" in the past, but cannot find a reference to them at the moment. I don't believe that they are available in Florida. But in any case, putting the property in trust may well be a viable alternative; if done correctly it might avoid probate.

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