Legal Question in Wills and Trusts in Florida

You must probate the will to sell the real estate. Then divide the assets after paying liabilities.

This would qualify as a small estate in Florida.

The property in Florida will need to go through probate. Because of the small value, you should be able to do this through Summary Administration (a less expensive and abbreviated form of probate). Florida law will require a Florida attorney to handle this for you if there are multiple beneficiaries. The process will take approximately 4-6 months (perhaps less time) as long as no complex issues are encountered. The cost you can expect to pay is approximately $1,200 to $1,500. Should you have further questions or require assistance in this matter, please feel free to contact me. Otherwise, any other probate attorney in Florida can handle this matter. You will have to probate the property before you can sell it. You cannot sell it in her name as she would need to be alive to sign the deed.

You have to probate the Estate to clear title on the property. As you can see from the above there will still be a sizable cost in relationship to the asset. You cannot avoid it if you want to transfer the property.

Sorry for your loss. Yes as the other attorneys have stated, you will have to probate the estate. Because of the size of the estate, you very well could do a summary administration. Please let me know if I can be of assistance.