Legal Question in Real Estate Law in Florida
Quick Claim Deeds
My mother recently passed away leaving three trailer lots in Florida. The estate in very small and the will leaves everything to my sister and I. We want to use a Quick Claim Deed to transfer the ownership of the lots. Do we need to use a Florida form where the lots are or a Maryland form where we live?
3 Answers from Attorneys
Re: Quick Claim Deeds
QUIT-claim deeds will not help you. You will have to probate the will in Florida, even if not required in Maryland. Due to the size of the estate, you should be able to use a simpler and cheaper type of probate, called Summary Probate. You should not have to do the more expensive formal probate where you have a personal representative (executor) appointed by the court. The cost should be in the neighborhood of $575, plus filing fees and the cost of publishing a Notice To Creditors. Timewise, it can be done in a matter of a few weeks, although you might have to wait out the 3-month creditors period after publication of the Notice To Creditors before you would be able to sell the lots. If anxious to sell the lots right away, you could do the formal probate, and the personal representative could sell before the creditors period runs.
Re: Quick Claim Deeds
Your mother's will, if applicable to Maryland at all, does not convey property in another state. Unfortunately people mistakenly believe that a will covers all property when in fact it does not alleviate the need to file for probate in the state where the property exists.
A quitclaim deed may or may not be advisable and this depends on several factors. Contact an attorney to discuss.
Re: Quick Claim Deeds
Florida will require a Florida probate of the will for the real property located in Florida.
Once appointed, the personal representative will be able to convey by quitclaim deed.