Legal Question in Wills and Trusts in Florida

You will need to probate the estate, which will ultimately get the property into the names of the heirs. Depending on the circumstances, the probate process might include the filing of a Petition to Determine the homestead status of the property, and it might also include the use of disclaimers of the interest in the real property. Each of these issues can be rather complicated, so I suggest seeing an attorney in your area that deals with estates for assistance. It is safer to have it done correctly, than to risk problems down the road.

Another, and perhaps easier and cheaper, way to accomplish what you want is to complete the probate process according to the will. Then, once the probate process is complete, have the nine children quitclaim the property to the one child.

I agree with my colleague Mr. Rose.