Q: My mother passed away 4yrs ago and her house has not gone through probate my understanding is I can do

A: Please do not take the advice of the clerk of the court or anyone not an attorney from this state because while they mean well at times and while they can be very helpful, they do not always advise property and nor should they be giving any such advice. You will likely need and should get a Florida Probate Attorney to help you, if it is a circumstance where there is Homestead or other real property, you should definitely get the advice of an attorney to make sure you get it all right. While a Summary Administration can be used and does apply if the person has been deceased for 2 years, it does not mean you can or should try to do it yourself, there is a lot you can get wrong and overlook still, I would also mention, if there is more than one beneficiary, they are going to require you to get a probate attorney in most all instances, it is often the case that the clerk of the court and or judge will eventually tell you that you need a probate attorney. The type of assets and what needs to be done will determine a lot as it relates to probate and what precisely needs to be filed, no matter the type of probate. If there is a home, rental property or other real estate, you are talking about a substantial asset, and you will want to discuss your options. It will be important to review any deed, will and or trust or other documents that may exist, it will also matter what type of property it is and who survived possible (for example, any surviving spouse, if there is one, has substantial rights usually as it relates to Homestead).