Legal Question in Wills and Trusts in Florida

Re: Probate

It will be necessary to obtain an Order of Distribution from the Probate Court in the county where your mother had her domicile.

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Re: Probate

Probate is required if the decedent owned any asset in their individual name with no beneficiary or joint owner. If your mother's name is on the home in her name only you must file probate. Since she passed away over two years ago the probate process should not be expensive and can be settled quite quickly. You do not need an attorney however, it may be in your best interest to have an attorney to resolve this issue quickly for you. Contact my office if I can be of further assistance to you. Sincerely, Melody Stickel-Martinez, Esq. (954)966-4140

Re: Probate

You will have to open up a probate estate in order to be able to transfer good title to the new buyer. If you sign a Quit Claim Deed you will only be giving the buyer the interest in the property you now have ... and without a order from the probate court you have no interest in this property, it is still titled in your mother's name. However, because your mother died 5 years ago Florida Rules of Probate offer what is called Summary Administration. The process is less complex than formal administration (and therefore perhaps less expensive). You may want to have an attorney to assist you. Without knowing you and all the facts it is difficult for me to say you do not need legal help in this matter. Good luck .... send me an e-mail if you have any other questions.