Legal Question in Wills and Trusts in Florida

Re: Do all estates with real property how to go to Probate Court?

Yes, the will must be probated. No, the power of attorney ceases at death.

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Re: Do all estates with real property how to go to Probate Court?

Unless the property was registered in multiple names, with rights of survivorship, and one or more of the survivors is still living, the Will must be probated to allow the person(s) named as Executor(s) to be appointed and have authority to deal with the property. If there were a surviving joint owner, the property would pass outside the Will and no probate would be required. The Power of Attorney terminates with the death of the maker.

Re: Do all estates with real property how to go to Probate Court?

Theoretically, if all the surviving heirs sign the deed, probate could be avoided. Howerver, if you need a mortgage or want to sell to an unrelated person, a title company would require so many affidavits that it would be easier to go through probate.

Re: Do all estates with real property how to go to Probate Court?

I agree with the answer provided by Walter LeVine, attorney. The probate of real estate must take place in the state where the real property is located. Any probate attorney in the State should be able to handle the matter, even if not living in the county where the property is located, unless there is some sort of contest. If the property was jointly owned, it would have to be in the names of husband and wife, or have the words "joint tenants with right of survivorship", or the decedent's 1/2 would have to go through probate.

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