Macclenny, FL asked in Probate for Florida

Q: Do I need to start a probate case if my mother has majority personal property?

There is a will and a life estate that is transferring to me. Do I need to do a notice of administrative?

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

A: Generally, if there are any assets in the name of the deceased alone, then a probate will more than likely be required of one type or another. You will need to provide additional details to a Florida Probate Attorney and they will need to review the Will/Property Deed and the circumstances so they can give you more useful and precise feedback. Usually, if there is a life estate or other deed created ownership interest, it may well be sufficient to just record the death certificate to complete the transfer legally in the property records. If a person has died, then the Will needs to be submitted to clerk of the court, you will also need a short form death certificate.

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