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'.


Asked on 4/11/09, 6:14 pm

3 Answers from Attorneys

Robert Roemer Robert Roemer

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.

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Answered on 4/13/09, 2:30 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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.

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Answered on 4/11/09, 6:50 pm
David Slater David P. Slater, Esq.

Re: Probate of a home after death of a spouse

She may need an attorney to probate the estate.

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Answered on 4/11/09, 8:45 pm


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