Georgetown, IN asked in Probate for Florida

Q: I live in Indiana and inherited a vacant lot in Wakulla Co. Florida. My mom (the original owner) was also a resident of

Indiana. It’s still in her name. I want to sell it. What should I do?

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4 Lawyer Answers

A: I recommend that you contact a probate attorney in or around Wakulla County, as you may need to probate her ownership here in Florida.

A: I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. Some version of Florida Probate is going to be required if the property remains in your mom's name, if a probate was done in Indiana then a secondary Ancillary Probate will likely be necessary in Florida in order to transfer title to the property, If no probate was ever done, then a different version of probate may be required, the type of probate will be determined, but some version will be required. I would encourage you to speak with a Florida Probate Attorney, you need not come to Florida as it can be handled from afar with any licensed Florida Probate Attorney. If probate was indeed done in Indiana, Florida will need a copy of those certified documents as well to address the Florida real estate on your behalf.

Terrence H Thorgaard agrees with this answer

James Clifton
PREMIUM
Answered

A: You will need to file probate in Florida. How complicated the process will be depends on if probate has already been filed in Indiana. If it has, ancillary administration can be filed in Florida. If probate has not been filed in Indiana, an original probate must be filed in Florida. If the lot is worth less than $75,000, summary administration can be filed. If the lot is worth more than $75,000, formal administration will be necessary. Additionally, there are law firms that will not charge fees up front and collect the fee for probate at the time of sale of the property. Schedule a free consultation today to make sure the property gets sold in the quickest and most efficient way possible.

A: Please accept my condolences on your loss. Yes, there will need to be a probate administration in Wakulla County to transfer ownership of the real property to the heir. You should consult with a probate attorney to determine whether this can be filed as a summary administration or a formal administration. Our office handles probate estates anywhere in Florida and we offer a free 15 minute phone consultation to review your case and offer you a quote.

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