Orlando, FL asked in Real Estate Law and Probate for Florida

Q: Marion County 3 names on deed 1 has passed Home paid for Can death cert be used with quit claim deed?

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

A: You need to have the property deed reviewed, if it is with rights of survivorship then the recording of the death certificate would likely be sufficient and the two remaining owners own the property, if this is not the case and there is no survivorship rights, then you will be stuck with and looking at some version of probate for that person in order to pass their interest in that home as well as any other estate assets that have to go through probate. You should start by having a probate attorney review the documents and circumstances as you provide additional details and specifics on all circumstances. It may be as simple as you have stated potentially, or it may not be that simple at all.

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