Legal Question in Wills and Trusts in Florida

Intestacy rules would have property in their names transfer to survivor and then to children, BUT probate is necessary. the only property that transfers without probate is anything with children's name held in survivorship.

You may not need a full blown probate if this is the only asset but consult with a local probate attorney to get your options.

An attorney will need to evaluate the title to the house and other assets to determine whether probate is necessary. There are several factors to consider, as well, such as when your parents passed and whether one passed before the other. If probate is necessary, Florida Statutes requires that an attorney handle the matter since there is more than one beneficiary. I have handled many estate and probate matters.