Legal Question in Real Estate Law in Florida

Re: Deed transfer involving deceased person

The will must be probated and a deed filed.

Re: Deed transfer involving deceased person

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If the property was left to you in a Will, it is necessary to probate the person's estate. The Will will have to be filed with the probate court in your county and all necessary pleadings filed unless you are the spouse or child of the decedent and the property in question was his/her homestead (in which case other pleadings will be required).

After the expiration of the claims period, the Personal Representative will be able to execute a Personal Representative's Release and Certificate of Distribution of Real Property which would transfer the real property to you if applicable.

I strongly suggest that you consult an attorney to review this matter and possibly represent you in the filing of the probate.

Scott R. Jay, Esq.