Legal Question in Wills and Trusts in Florida
Deceased beneficiary with non probated will
My father passed away 8 years ago in Florida. He had a will which left everything to my Mother. My mother was advised that the Will did not need to be probated. My father, along with his siblings, inherited some property from his mother who predeceased my father. This property now has a contract for being sold, but there seems to be a problem with the fact that my father's will did not go through probate. The attorney handling the sale of the property advised my father's sister that there must be some kind of summary. What could they be referring to? My mother has offered a copy of my father's will, but the attorney says that isn't enough. Please enlighten us.
1 Answer from Attorneys
Re: Deceased beneficiary with non probated will
The attorney may have been talking about "Summary Administration." This is a simplified probate process to establish ownership that can be used with very small estates or when someone has been deceased for more than two years. A will that has never been properly probated can not itself be used to establish ownership in Florida.
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