Florida Probate Required to Change Home Ownership?
 

A friend in Maryland has been having difficulty for several years trying to transfer title of real estate located in Indian Lake Estates, Polk County. Original owners (parents) passed many years ago. She claims she has given the County all the documents requested over the past several years, but now the County has advised her any changes to title requires Florida probate. Can anyone recommend a lawyer or offer advice on what is required or where to start on getting title transferred? Any help or suggestions are appreciated, thank you.

I had the same problem in Maryland. I had to go through probate in order to sell my mother's house. This is because a title company would not accept a will as proof to issue a new clear title to the house. This makes sense because they have no way to know that the will is valid, or that it is the most current will. I did the probate myself and it was very easy. An attorney wanted to charge me $4,500 for what took me about an hour of actual work. Note that they will change the title for a vehicle with just a will, but not a house. Good luck.

That's the dumbest thing I've ever heard. Isn't that the point of a will?

No. A will is a private document that stays private unless it is probated by a court. If the state changes the title of real estate based on a will, how do they know that there is not another will? Someone buying the house could not get a clear title because the title search company would not accept or validate a private will. The probate process requires that the estate be advertised and any creditors have a time limit to make a claim against the estate. The court appoints an executor who can sell assets on behalf of the estate.

So the gov't controls a private family's assets? Yeah, that doesn't sound shady at all. And of course the courts get their cut. Sounds like the courts and not honoring (over turning) living wills.

So anyone who passes and has a just will has to go to probate? Thank goodness we have trusts and beneficiaries established.

Correct. If the house is owned by a trust, the surviving trustee can take control of the property, you may not need probate.

The gov isn't controlling the asset, they are protecting it from fraud and abuse.

Even though my husband was an only child and the only heir in the will, it had to go through probate since my MIL had not put his name on the deed. The attorney took 2% of the selling price of the house as her fee. That is standard in Florida. Took 4 months to get clear title in Polk county.

Every one reading this, my advice……
Set up a trust.

Obviously that’s not working with all title scams around United States.

IMO Governments/states/lawyers likes to steal personal property especially when death has occurred on taxable estate income. A sole son or daughter with death certificate in hand should be able to transfer title. But, who writes law? lawyers and state want their guaranteed welfare money. Now shall we talked about inheritance tax?

Get a "Lady Bird Deed". Automatically goes to designated inheritance. Only several states have Lady Bird Deeds, Florida is one. Title attorney will do it.

Florida Lady Bird Deed
 

I did it myself. I found the required form online. I filled it out, signed it, and had it notarized. Then I took it to the Sumter County Clerk's office and filed for a small fee. No attorney (and fee) needed. My only heir is my son. After I die, all he needs to do is take my death certificate to the Sumter County Clerk's office and pay a small fee.

Example of the form: Just a moment...

The purpose of filing deeds and proving that a will is, in fact, the last will and testament of a deceased real estate owner has been in place in England and the USA for over a thousand years. The purpose is to establish and maintain records that clearly and unequivocally establish a “chain of title” that anyone can follow to identify the true owner of real property. Any document, such as a “private will”, whatever that is, that is not proven to be the deceased’s last will and testament and recorded in the office of the local clerk of court and would break the chain of title.

Similarly, sale of real estate by a surviving child of the previous owner without probate and recordation of a court order establishing that the child has the authority to sell the property would not preserve the chain of title.

Real estate is unique and always has been.

BTW, Florida requires that any probate proceeding involve an attorney. There no such thing as a DIY estate settlement in Florida.

A good friend of mine who is now deceased went thru this. He was in New Jersey and an Aunt in South Florida died. An attorney got ahold of probation the estate. He ripped off the estate for thousands. My friend hired an attorney in New Jersey and was able to stop the ripoff. The South Florida attorney ended up fleeing to Canada. There is something called a "ladybird deed" in Florida. It is a deed that stipulates transfer upon death to the named heir. It is recorded and when you pass the heir simply has to go to courthouse with a death certificate and they will transfer the property to them. It's a good way to avoid probate.