Legal Question in Wills and Trusts in Florida

Re: Trying to sell a home without a Will

The estate will be probated and the wife should be able to sell.

Re: Trying to sell a home without a Will

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While it would always be adviseable for everyone to have a Last Will and Testament, it might not be necessary in this situation. If the property is owned by the husband and wife as joint tenants with right of survivorship, then probate should not be required. The survivor would simply need to present a certified copy of the death certificate together with an executed Continuous Marriage Affidavit at the closing, both of which will get recorded in the public records of the county in which the property is located. If the property is the marital residence, the closing should go forward without any additional requirements.

If the property is not the marital residence, then proof of payment of any estate taxes may be required. If there are no taxes due, then an Affidavit of No Estate Taxes will need to be executed and recorded.

I would advise that the party be represented by a qualified real estate attorney at the closing so that the closing agent does not make any unnecessary (and often costly) demands.

Scott R. Jay, Esq.