Orlando, FL asked in Real Estate Law for Florida

Q: My husband died recently. He did not have a will. Will his death certificate be enough to sell the house.

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

A: I am very sorry for your loss on the passing of your husband, please accept my condolences. The answer to your question is maybe. You will want to get of the property deed and review it with the help of an attorney/probate, if the property was held as tenants by the entirety (husband and wife) the answer may be yes, if it was held in some other manner or some other homestead issues arise there could be some variations to this answer. Any assets held in your husband's name alone with no joint ownership or pay on death or transfer on death designation likely will have to go through some version of probate, for this you will need a Florida Probate Attorney. When there is no Will, the Florida Intestate Statutes (without a will). Also, as a surviving spouse you have substantial rights no matter what related to the property/estate/homestead so a discussion with an attorney that handles probate would be advised and a good starting point.

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