Legal Question in Wills and Trusts in Florida
Is it necessary to probate a will?
property being sold is located in ga the sellers obtained the property from husband & wife they held a owner finance dsd -no survivorship language sellers have a buyer &intend to payoff husband & wife husband is now dead, died in the state of fl, with a will husband left everything to wife along with ga property per will wife is executrix wife never had the will probated in fl(where he died &she now lives) or georgia (where the property is located being sold) wife now states to sellers she does not see a need to probate the will in order to cancell the dsd & give good title to sellers so they can convey good title. would the will not either have to be probated in florida with certified copy recorded in georgia along with cancellation? or should the will be probated in ga where the property is? wife states she has no desire or reason to probate will & if sellers insist they would have to pay all expenses to probate am i correct the will would have to be probated for her to have legal right to sign husbands name? does georgia law not state once a mortgage holder is paid in full they only have so long to have the dsd cancelled? leaving her responsible to pay for probation of will?
2 Answers from Attorneys
Re: Is it necessary to probate a will?
If they owned the property jointly, the survivor would have full title. If not, probate of the will in the county where he resided at death is necessary for her to convey the property.
Re: Is it necessary to probate a will?
If there was no survivorship language in the deed in which the husband and wife took title, the husband's will must be probated in the county of his residence at the time of his death. Otherwise, the wife cannot pass good title.
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