Bainbridge, GA asked in Probate for Georgia

Q: My husband died in Georgia in 2007, can I still file Quit Claim deed from 2007 in Fl avoiding probate on land

I am executor of late husband's estate in GA. He owned property in GA and FL. His will left all property to me in GA and FL. I still live in GA. I am current on FL taxes. Wakulla County. No house just land. I just found Quit Claim Deed in 2018 he signed before he died in 2007 deeding FL property to me. Can I still file the deed and transfer property to my name and avoid summary administration for small estate? Land worth under 75K when he died and now worth 30K. Thanks. I am retired court reporter. No assets and disabled. Can't afford lawyer.

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1 Lawyer Answer

John W. Chambers Jr

Answered
  • Probate Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: If the property is in Florida, you need to consult with an attorney who is familiar with Florida law. If you received Letters Testamentary in Georgia after probating your husband's Will in Georgia, there might be a way to deal with this property without having to file an ancillary probate proceeding since it has been so long since your husband died. It is my understanding that if the property were in Georgia, there might be a problem filing the deed at this time, as there would be no presumption of delivery of the deed to you prior to his death. In any event, Florida law would apply to property located in Florida. This response is intended to provide general information only, and not legal advice. You should consult with an attorney in Florida or one familiar with Florida law regarding this matter.

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