Asked in Real Estate Law and Probate for Florida

Q: what do I need to do?

my mom passed away in 1997, we ( my mom and myself) bought and lived in condo in fl at that time. She had no will, and I was the only one paying the mortgage and bills. now I want to sell the property and am told I have to go thru probate? not sure how or what I need to do?

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3 Lawyer Answers
Lauren Nagel Richardson
Lauren Nagel Richardson
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: You will need to hire a Florida probate attorney to review your case and prepare several court petitions to open a summary administration (small estate or estate opened more than 2 years after date of death). The attorney also prepares court orders for the judge to sign. When the homestead order is signed by the judge, it will transfer the homestead to the heirs. It is recorded in the public records just like a deed. There is no way other than a probate court order to title transferred from your mother's name to the name of the heir or heirs, so that the property has clear title and can be sold to a purchaser.

If you owned 1/2 of the condo and your mother owned 1/2, then your mother's 1/2 will be transferred to the heirs via the recording of the homestead order. If you are the sole heir, then the 1/2 will pass to you. If there are other siblings or a surviving spouse, then there would be additional heirs unless they sign waivers.

You are welcome to call our office for a free phone consultation. We handle summary administration anywhere in Florida for a flat fee.

Richard Paul Zaretsky
Richard Paul Zaretsky
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: Maybe you have to go thought probate - it depends on the deed you and your mother had and the wording in that deed.

An attorney should be able to quickly determine what you need to do. It could be as simple as recording a copy of your mother's death certificate.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Probate Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: Short answer, consult with a probate attorney in your area to get an evaluation of whether or what type of probate will be required. No way to tell from the limited facts stated in your post.

Good luck,

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