Q: My mother passed we have a copy of her will( orig missing). only asset is a condo $53000 do we have to file probate
she has no bank accounts just the condo the heirs are myself and my late brothers 2 adult children.
A: Yes to transfer title of the condo. You may be able to do a summary administration since the value of the condo is less than $75K If the condo was her homestead in Florida you may not need the original of the will. Make sure you keep the expenses related to the condo current. You should retain a probate attorney to represent you This can be done quickly with a probate attorney if you try to do it yourself it will add considerably to the time since you do not know the procedure. In some counties if the only asset is the homestead you can just do a petition to determine homestead real property in other counties you will need to do a summary administration in addition to the petition to determine homestead real property.
Phillip William Gunthert agrees with this answer
A: You will want to review the deed and see how it is held, if it cannot be transferred based on how the deed is held, then you will need to pursue a probate, a Florida Probate Attorney will be required in order to accomplish this in Florida. Since the assets are under $75,000 in value, it is likely that a Summary Administration will be applicable, you will want to make sure that there are no other assets that will need to go through probate. If this was a homestead, it will have additional protections in the State of Florida from any potential probate creditor claims.
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