Alliance, OH asked in Probate and Real Estate Law for Florida

Q: I own a property with 2 of my deceased siblings. In order for my to sell the property do I have to go through probate?

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Probate Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: Not exactly. You would sue your siblings' estates, etc. for partition of the property. The siblings' creditors, potential heirs, etc. might have to file probate petitions, but for your purposes they simply would have to be parties to your partition suit.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Probate Lawyer
  • Orlando, FL
  • Licensed in Florida

A: You will likely want to get a copy of the deed and have it reviewed in order to see how the property was held initially. The you will see how or if the property was transferred according to the deed upon their deaths or if it is transferred as part of their probate estates/Wills. If their shares are in their estates, then it is likely that probate will be necessary in order to transfer their shares according to their wills and then you can determine who precisely owns what and how it can potentially be consolidated. As mentioned Attorney Thorgaard, it may well end up that a partition will eventually be required if you cannot resolve this and reach agreement through the deed and or probate of the estates.

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