Crestview, FL asked in Probate for Florida

Q: How does a heir to an estate get the property legally put in there name without going threw probate

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

A: You usually do not and can not. You would need to speak with an attorney in the state where the property is located, it is possible that based on the manner in which the property is owned/held via the Deed, that the property may pass outside of probate, you would need and want to get a copy of any deeds related to the property and have them reviewed, as stated, it may be possible to transfer the property as a result of this. Also, there may be issues with the property and related to surviving spouse rights and or Homestead rights, issues that could be and or become problematic and that would need to be addressed by a probate court. If the property is not clear on ownership and or transfer following a death, then it is likely some version of probate will end up being required. You really need to provide all the details and specifics so an attorney can precisely and better advise based on the exact circumstances you are dealing with, often there are no shortcuts around probate.

Bruce Alexander Minnick and Stephen Arnold Black agree with this answer

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