Legal Question in Real Estate Law in Florida
Does probate have to be reopened if deceased parent left property in a different state other than where she lived and where will was already probated and closed in order to transfer deed? Our name is on the original deed as beneficiarys after death.
1 Answer from Attorneys
If the property has to be probated, it must be in the State where the decedent resided. Unless it is realty. In that case it is in the State where the realty is.
The decision on probating or not depends upon the ownership at death. If the asset knows the owner by looking at the asset, no probate. If the asset is silent upon the death of the owner, then probate. These are general rules and the asset needs to be examine to determine yes or no to probate.
However, you state that the deed listed a beneficiary. If it is a Life Estate Deed, or somehow jointly owned, then it may not be probatable in the first place.
You need an attorney to review and advise as to what is required.
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