Talk of The Villages Florida

Talk of The Villages Florida (https://www.talkofthevillages.com/forums/)
-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Florida Probate Required to Change Home Ownership? (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/florida-probate-required-change-home-ownership-358906/)

rjm1cc 05-25-2025 05:30 PM

I have no experience with your problem but you can try this without and attorney.
You need to PETITION TO DETERMINE HOMESTEAD STATUS OF REAL PROPERTY. This is generally done as part of the probate process in Florida. I think want you want to do is learn about Summary Administration. It is designed to be done without an attorney but you might be able to find an attorney to do it on a fix fee if you do not want to do it on your own. You file the petition in the county the property was in assuming the owner was not a Fl resident. If a resident, file in the county they lived in. Some counties have a set of forms you can use to fill out. If yours does not search for summary forms from any Fl county - there are four of five counties that have forms. Modify the forms as necessary and file in your county. Part of the filing will include the homestead form and the purpose is to formulize the transfer of title. You can try YouTube for Summary Adm in FL and maybe get a little education and maybe an attorney if you want one. Note you get all the paperwork done before you file with the court.

Topspinmo 06-04-2025 03:24 PM

Quote:

Originally Posted by john352 (Post 2433629)
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...


I Leary filling all my person information on Eforms? Is that legitimate? Or is there somewhere else to get forms? Eforms want 55 bucks to print form? Which not big deal but all my personal information in their hands?

Slainte 06-05-2025 05:53 AM

I believe it’s true in all states that the Executor has to be a resident of the state where Probate is filed, or they have to have a designated attorney for them to be executor (further cost). The reason is the Court has to have authority over the Executor’s actions (can proceed against a rogue Executor and command proper performance).

retiredguy123 06-05-2025 06:05 AM

Quote:

Originally Posted by Slainte (Post 2436782)
I believe it’s true in all states that the Executor has to be a resident of the state where Probate is filed, or they have to have a designated attorney for them to be executor (further cost). The reason is the Court has to have authority over the Executor’s actions (can proceed against a rogue Executor and command proper performance).

Not true in Florida. Here are the rules:

Florida rules and limitations to be an executor
The individual must be at least 18 years old.
The individual must not have been convicted of a felony.
The individual must not have been declared physically or mentally incompetent by a court.
The individual must be a resident of Florida or be related to you by blood, marriage, or adoption.

Note that it is also not true in Maryland. I was appointed by the court to be the executor for my mother's estate, and I was a resident of Virginia, not Maryland.

Slainte 06-05-2025 06:08 AM

Yes, this deed is Usually called an enhanced ‘Ladybird Deed’. It will keep the real estate out of Probate; the property passes to the named beneficiaries. If just one beneficiary, no new Will is required, but is advisable. You can name multiple beneficiaries. If married, put in ‘after the last of the spouses die. Heirs often believe they own their part after one spouse dies. In other states, a Transfer on Death Deed form is used. It is a better and easier form to transfer real estate. Florida uses it to transfer stock/investments (called TODD). Owners of bank accounts can put (Pay On Death) on their checking & savings Bank Accounts. Statements will show POD & list names. Fill out paperwork at bank, and beneficiary (ies) just have to present a certified death certificate to bank & bank HAS to turn over heir’s portion. In effect in all states. PS Check the unclaimed property records in all states. If there is money there, most states require Probate for an heir to reach those monies.

Steve Window 06-05-2025 06:17 AM

Quote:

Originally Posted by retiredguy123 (Post 2433427)
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.

does the person you are listing have to sign and be there or can you do it remotely ? thanks


All times are GMT -5. The time now is 09:30 AM.

Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2025, vBulletin Solutions Inc.
Search Engine Optimisation provided by DragonByte SEO v2.0.32 (Pro) - vBulletin Mods & Addons Copyright © 2025 DragonByte Technologies Ltd.