Legal Question in Wills and Trusts in Florida

Length of time after a death to probate and cost

I am a widow that just found out a couple of months ago that property that was in my late husband's name and his brothers that was filed with No Right of Suvivorship, and my husband owning two thirds of this property; now goes to me and/or our 3 children as Tenacy In Common, but I must probate. There was no will.I had thought that this property went to my husband's brother as Joint Tenacy, but as said; just found out that it was filed Without The Right of Suvivorship. It has been two years since my husband died. Is there a time limit that I need to probate this? The value is around $65,000. And what should this cost to probate? As I am retired and don't have the funds to probate, I am worried that I could lose this property. Yes, there is tension between the two parties and I am sure he will try anything to keep me from getting this property. This has nothing to do with the property that I am asking about, but I also found out that my husband owns one third of the property that his brother is now living on. I know I will need an attorney on this matter, but at the moment I was just trying to find out if there is a time limit to probate.There is nothing else in my husband's name and he owes nothing to anyone. Thanks


Asked on 11/04/06, 9:59 am

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

Re: Length of time after a death to probate and cost

There is no time deadline. Since he died over two years ago, a summary probate is all that should be required. It should cost about $1000 to put on record the change in ownership of your late husband's interests.

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Answered on 11/04/06, 10:37 am


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