Does my property need to go through probate?

October

22

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Has a death left you an unexpected property owner, and you'd like to sell? In most instances Florida probate court approval will be required, but not all!

does your property have to go through florida probate court?

yes

  • If the decedent is the sole owner on title.
  • If the decedent's property title was held jointly as ‚Äútenants in common".
  • If the decedent had a will. A will can be used to guide the probate process, but wont avoid it.

NO

  • If the property is held as husband and wife, in joint tenancy by more than one person, or in tenancy by the entireties . In these situations, the property simply passes to the other owner(s).
  • If the property is held in a properly set up revocable living trust. 

moving forward:

Are you confused about the probate sale process and need help? We specialize in helping folks get through the probate real estate sale process! 

Jacksonville Probate Realtor

Last Updated on July 18, 2022 by Minna Reid

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