Legal Question in Real Estate Law in Florida

Re: Real estate in florida

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The property will have to go through probate. If an estate was previously filed in another state, then an ancilliary probate may be filed. If not, then the probate must be filed in Florida. Since dad died over 7 years ago, a summary administration could suffice but then the property would have to be put in the beneficiaries names before selling. If you file a formal administration, the property can be sold by the personal representative and the proceeds distributed to the beneficiaries.

Scott R. Jay, Esq.

Re: Real estate in florida

This will require an ancillary probate in Florida. The son cannot sell.

Re: Real estate in florida

A probate will have to be filed in Florida through a Florida attorney. Depending on whether the son is authorized in a will to sell property, and/or the heirs are in agreement or not, it may or may not have to be a formal probate. If probate was handled in another state, certified copies of documents filed in that probate will be needed, along with a certified copy of the death certificate. If property was in his name and a late wife, a certified copy of her death certificate would also be needed.