Florida | Real Estate Law
Legal Question
If a deceased has no will but has assets but no debts do we have to go to probate . can we just divide the assets up amongst the family if all is aggreeable and properties are legally transfered?
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Legal Answer
If ownership of any property needs to change hands or the assets need to be accessed by permission, then you may need to file a Summary Probate Administration. For example, it would give the heirs rights to access bank accounts, change title to vehicles, change deed/sell real property, open safety deposit box, etc. This would also name all the heirs of the estate and the percentage of the estate to which they are legally entitled.
If we're just talking about a mattress filled with cash, then you can all just split it without further ado.
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Sarah Grosse, Esquire sarahgrossejd@hotmail.com New Port Richey, FL 34655
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Legal Answer
yes
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David P. Slater, Esq. 5154 Windsor Parke Dr. Boca Raton, FL 33496
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Legal Answer
If you need to change titles or obtain access to bank accounts, then you must probate the estate. File in the county where the deceased lived. Regards,
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Longa Law P.A. 511 W Bay Street, Suite 350 Tampa, 33606
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