Q: I am wondering what type of Deed do I need to transfer property into my name that I inherited? I live in Orlando Fl.

A: Property that is owned by the estate of a deceased individual is distributed via court order via the probate administration process. Consult with a Florida probate attorney to assist you with opening probate and admitting the last will to probate.

A: There are a few things going on here and some or all of them could be potentially important. It is likely that you will need to speak with and work with a Florida Probate Attorney, based on the type of assets and their value will determine the type of probate that would need to be pursued, if any. You will want to review the current deed of the property and see how it is held/titled and if the property passes based on the current deed, whether the property is homestead will be important and whether there is a surviving spouse and what the Will states will be important in determining how the property is handled and transferred. Until you get hold of a Florida Probate Attorney if this is in Florida, it will be hard to determine the next step, it is quite possible that you cannot do anything with the property whatsoever until probate is commenced and or concluded as it relates to the property. If this property is Homestead and is intended to go to you then it is possible that a Petition to Determine Homestead needs to be filed along with the probate in order to determine and transfer ownership. On the other hand, it is also possible if you are already on the deed that you can transfer the property by simply recording a death certificate. There are obviously various issues that will need to be considered and addressed here potentially.

A: Having a will does not avoid the probate process. If a person in Florida dies owning real property in their individual name, then an heir or a person named in a will must file a petition to open a probate case. If the property was homestead property, then the judge will sign a homestead order which when recorded in the public records acts just like a deed. If the property was not homestead property, depending on the size of the estate, there will either be a different court order or a personal representative's deed to distribute the property out of the estate once all the steps of the probate case are completed. There are a lot of steps including notice to the heirs and notice to potential creditors before the property can be transferred out of the estate. If you are the proper person to open the estate (either you are the personal representative and the estate not including the homestead exceeds $75,000 (formal administration) OR you are the person to receive the property, it is homestead property, and there are no other assets exceeding $75,000 (summary administration), then you can be the person to hire the attorney and open the estate. If you would like to discuss this case in a free 15 minute phone consultation, then please give my office a call.