Q: What is the process of inheriting someones house after they pass if there is no will in place?
Next ok kin is not imterested and would like my father to take over the house. He already lives there. He was room mates with the person that has passed away.
A: There still needs to be a probate proceeding initiated. The next of kin can always sell or assign their interest to another person.
Phillip William Gunthert and Nina Whitehurst agree with this answer
A: The next of kin needs to contact a Florida Probate Attorney and since there is no Will, the Florida Intestate Statutes (without a Will) will apply, that basically means that the property will go to the surviving spouse and or children. If the property was Homestead, there are additional protections from any potential creditors. Your father will not have any rights or claims or any way to make the property his without working with the next of kin through a probate attorney, upon completion of the probate or petition to determine homestead filings the property can be quit claimed, sold or otherwise turned over to whomever they want it to go to at that time. There is little that they actually have to do as most all of the filings, if not all are done by the attorney via e-file anyway. Issues that may arise relate to not knowing if there is any other next of kin with rights and claims (for example, multiple that would need to be notified and addressed in any probate).
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