Legal Question in Real Estate Law in Florida

Transfer and selling of real estate

My mother died some time ago. At the time of her death,everything was jointly held by her and myself (her only heir) except a vacant lot located in S.W.Florida. Consequently, the lot is still in my mother's name. I now want to sell this property to an friend. What is the easiest way to accomplish this? The buyer wants the lot as an investment and has no problem with a quit claim deed. Can a quit claim deed be used without involving probate? Or do I have to file a short probate form to get ownwership in my name and then use a quit claim deed? Thank you.


Asked on 12/13/04, 2:33 pm

1 Answer from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: Transfer and selling of real estate

You will need to probate it - summary probate, if there are no creditors (or she died over two years ago) and the property is valued at less than $75,000. Assuming she was a Florida resident, probate would be in the county of her residence, otherwise in the county where the property is located. A quit-claim deed does not avoid probate. As far as other property owned jointly with her, if real property, was it held as "joint tenants with right of survivorship" on the deed? If not, that will need to be probated also.

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Answered on 12/14/04, 9:14 pm


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