Legal Question in Wills and Trusts in Florida
Probate of a home after death of a spouse
Spouse has been deceased for
approximately five (5) years or more. Surviving spouse is desiring
to receive full rights and benefits of
the residence from 'Probate'.
3 Answers from Attorneys
Re: Probate of a home after death of a spouse
The main issue is whether the Home was in both spouses names. Check with the county records in the county where the home is located.
If the home was in both names, generally you do not need to probate the residence, just file a new deed.
If you have any questions, please feel free to send me your e-mail address and a more detailed statement of the facts.
Re: Probate of a home after death of a spouse
There is not much of a question here. If the house was jointly owned, then it is already his or hers.
Re: Probate of a home after death of a spouse
She may need an attorney to probate the estate.