Legal Question in Wills and Trusts in Florida

A quitclaim deed was executed prior to death. Then the person granting the property died.

It has been about a year since death, and the will has still not been probated. The will states the personal rep as well as the 2 beneficiaries (one who the property was deeded to before death). The 2 beneficiaries are not related as the person who died had no family, so it is no longer homestead now correct?

This property is the only asset in the estate, with no debts besides a mortgage on the home. Does the will still need to be probated since it was technically deeded before death, although not recorded? Or was it technically transferred before death by the unrecorded deed and does not need to be probated now?


Asked on 3/06/12, 10:48 pm

2 Answers from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

If the quit claim deed was executed according to FL law, it can and should have

been recorded. The property has been transferred despite the lack of recording.

Unless the transfer and will are contested in probate court, it can be handled

without probate court. The grantee can still record the deed. Why has it not

been recorded?

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Answered on 3/07/12, 4:42 am
Lucreita Becude Lucreita D. Becude, P.A.

You have 10 days after death to file a will. you do not have to probate the estate but you should at least have the will on record. As to the deed - what is the hold up as to re cording it? As to homestead, you need to record the deed and ask for homestead exemption for the new owner.

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Answered on 3/07/12, 6:50 am


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