Asked in Real Estate Law for Florida

Q: How can I transfer ownership of my deceased parents property in Lehigh, Florida ?

My father predeceased my mother and she was the inheritor of his estate. My mother passed away in 2022, and I am the Executor and sole beneficiary of her estate. Can you tell me how to change the property into my name, as I would like to sell it. I have their wills and death certificates and have paid the property taxes for 5 years... they are up to date.

Thank you very much for your help !

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2 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Orlando, FL
  • Licensed in Florida

A: I am very sorry that you have lost both of your parents. The answer to your question is that it depends, you will want to have the property deed reviewed by a probate attorney and it is possible and even likely that you will need at least one probate done and possibly two if your dad's probate was never done, while the property may have transferred from your dad to your mom, pending review of the deed will determine this portion of things. If no probate was ever done for your dad, it is possible that any assets in his name that never transferred may have to be probated, if this is not an issue, you are still likely stuck trying to pursue some version of probate minimally for your mom in order to get the home and possibly any other assets in her name alone in your name. An attorney will need the property deed, death certificates, a copy of the Will (The original needs to go to the clerk of the court in the county where they were residents and had their homestead). You will end up needing a Florida Probate Attorney for this and to accomplish this transfer of the title to your name (likely a petition to determine homestead will be required) amongst other things. A Florida Probate Attorney will be able to help you, once you provide additional information and specifics, they will be able to give you more precise answers and advice. If it has been more than two years now since your mom's passing a different version of probate may be able to be used by the probate attorney and definitely for your dad if anything is required at all, but it depends on your discussion with legal probate counsel and what is precisely determined. Both Wills should be reviewed and since you are the named Executor (called a Personal Representative) in Florida, this should all be able to be addressed.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Orlando, FL
  • Licensed in Florida

A: Depending on the value of the estate, you could pursue summary administration or formal administration. However, if the assets are titled in a way that they could pass outside probate (like a joint account, a TOD account or trust account with your name on said title), then probate could be avoided. Schedule a consultation with a probate lawyer to explore the facts of your case and the legal options available to you.

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