Legal Question in Wills and Trusts in Florida
Florida probate without a will
My mother died in 2002. My parents, married 43 years, resided in N.Y. all of their lives. My mother bought property in Florida before she married. The original deed is in her maiden name. The yearly tax bill came under her married name. I paid this years taxes with my personal check. The property is still raw land worth $10,000-$15,000. We have no intentions of selling the property. All of my parents assets were held in joint ownership EXCEPT the Florida land. My mother did not leave a will. Does my father, as widower, own the property? Can he transfer the deed into his name? Can my name be added to the deed? Can we do this ourselves or do we need a lawyer? Would it be a N.Y. lawyer or a Florida lawyer? Thank you.
5 Answers from Attorneys
Re: Florida probate without a will
He should first be appointed administrator of his wifes estate. Then he can sign the deed as administrator to you and himself. Use an attorney in NY. Good luck.
Re: Florida probate without a will
NY has a procedure for administration of small estates. Go to the Surrogate's Court in the county where your parents resided an get the forms from the Clerk. If you need help filling them out, consult an attorney.
Re: Florida probate without a will
Because your mother was a New York resident, her estate must be probated in New York. Dad can go through the Small Estates proceedures to get appointed as Voluntary Administrator of her estate (Article 13 of the Surrogate's Court Procedure Act). That would ordinarily be the end of the answer, but many states require an "ancillary" probate proceeding to transfer real estate located in their state. I believe Florida is one of these states. You should check with a Florida attorney to see if this will be necessary.
Re: Florida probate without a will
Florida is a title state, which means that however the property is titled, that's how it is owned. Only your mother owned the property. That means that it does not automatically go to your father like the property they owned jointly.
Since your mother had no will, the property will pass according to intestacy laws. Since she was a resident of NY, the laws of NY will apply. The property will probably go to your father or to the children, depending on the rest of the estate.
The value of the FL property is low enough to qualify for an informal administration if there were no creditors (ancillary administration).
You can certainly use a NY lawyer but make sure that he or she is familiar with probate and real estate laws in Florida. Since the property is in Florida, the deed must be recorded here and be valid under Florida laws.
I hope this clarifies things.
Re: Florida probate without a will
No NY probate should be necessary. The property would have to go through a probate process here in Florida. Real estate is always probated in the state where it is located. Under Florida law, it should pass to him, although it may require formal notice/waivers of the proceeding to/by all the children. Once the proceeding is concluded, or while it is proceeding, your dad could add you to the property via a quit-claim deed. He (you) could legally do this himself (yourself), but for all practical purposes it would require a Florida attorney.
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