Legal Question in Wills and Trusts in Florida

Does property co-owned by a beneficiary have to go to probate?


Asked on 12/19/09, 8:11 am

3 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

It depends on its value and whether it is real property (such as a residence or business) or personal property (such as household items or vehicles). It also depends on how long the person has been dead.

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Answered on 12/24/09, 8:26 am
Kellen Bryant Law Office of R. Kellen Bryant, P.L.

In addition to Ms. Grosse's answer:

It also depends on how the property is titled on the deed that you received for the property:

"to X and Y" (where X and Y are not married) - Yes, you will have to go to probate because you own the property as tenants in common and the ownership interest of the person died must go to probate.

"to X and Y as joint tenants with rights of survivorship" - No probate.

"to X and Y, husband and wife" - No probate.

If you need help with probate, I can assist you.

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Answered on 12/24/09, 11:28 am
Robert Roemer Robert Roemer

You can look at my website at FloridaLegalServicesOnline.com and look under the tab legal information. If you have questions call me at my phone number on the website.

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Answered on 1/09/10, 7:47 pm


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