Q: My uncle left my grandmother his sister his house, she would like to sell it. Do we have to go through probate first?

A: If the Last Will controls how the property is to be distributed, then the estate will have to go through probate administration. A review of the deed of the home will also be necessary to determine the status of the property. Consult with a probate attorney for guidance and representation during this process.

A: It is more than likely that you will need a Florida Probate Attorney to help you with a probate. You will want to get a copy of the property deed and have it reviewed as well, it is possible that based on how the deed is held that the property could/may pass in that manner alone. It is more likely that some version of probate will be required if there is any property in the name of your uncle alone. You should make a copy of the Will and then take the original to the clerk of the court in the county where your uncle lived. Based on the type of assets and their overall value will determine the type of probate that is required, usually either a Summary Administration or a Formal Probate. Other factors that will be very important include whether this property was Homestead, is there a surviving spouse and or children under 18 and various other factors will matter. Once you can provide additional details and specifics a Florida Probate Attorney will be able to further and better advise you on what needs to be done and your options under your precise circumstances.