Disclaimer: This is general information, not legal advice. I am not a lawyer. For guidance specific to your situation, consult a Florida probate attorney.
Detailed answer — How to open an estate for a sibling’s house in Florida when the sibling died without a will
When someone dies “intestate” (without a will) and owned a house in their name alone, you usually must open a probate (estate administration) in the Florida circuit court for the county where the decedent lived. Probate collects assets, pays debts, and transfers legal title. Below are clear, practical steps and the main legal rules that typically apply in Florida.
1. Confirm ownership and gather core documents
- Obtain several certified copies of the death certificate from the funeral home or the Florida Department of Health.
- Check the deed and county property records to see how the house is titled. If the deed is solely in your sibling’s name, probate is usually required to transfer title. If the deed shows joint tenancy with right of survivorship, a transfer-on-death deed, or ownership by a trust, the property may pass outside probate.
- Collect deeds, mortgage statements, insurance policies, bank account info, and bills. Make a list of likely creditors and potential heirs (parents, spouse, children, siblings, etc.).
2. Understand who inherits under Florida intestacy law
Florida’s intestate succession rules determine who inherits when there is no will. Chapter 732 of the Florida Statutes governs intestate succession: https://www.flsenate.gov/Laws/Statutes/2023/Chapter732.
Key points (high level):
- If the decedent left a spouse or descendants, those people have priority for inheritance.
- If the decedent had no spouse and no descendants, parents and then siblings or their descendants are next in line.
- Homestead (the decedent’s primary residence) has special protections and can affect how and to whom the property passes. Homestead rules can be complex if there is a surviving spouse or minor children.
3. Decide whether summary administration is available
Florida offers summary administration — a shorter, faster probate — in certain situations. Summary administration typically applies if either (a) the estate’s value subject to administration is less than a statutory threshold, or (b) the decedent has been dead for more than two years. See Florida’s summary administration provisions: https://www.flsenate.gov/Laws/Statutes/2023/Chapter735.
If summary administration applies, you may obtain an order that transfers title without a full formal administration. If the estate exceeds the threshold or other factors (creditors, complex assets) exist, you will likely need formal administration under Chapter 733: https://www.flsenate.gov/Laws/Statutes/2023/Chapter733.
4. File the correct petition in the county circuit court
- File a petition for administration (formal or summary) in the circuit court in the county where the decedent lived. The court will open a probate case and assign a case number and judge.
- The court appoints a personal representative (called an executor when named in a will, or personal representative when appointed without a will). Florida law sets a priority list of who the court will appoint: see Chapter 733 for appointment rules and priority: https://www.flsenate.gov/Laws/Statutes/2023/Chapter733.
- When you file, attach basic information: certified death certificate, list of heirs, asset list (including the house), and statements about whether you request formal or summary administration.
5. Notice, creditors, bond, and inventory
- The court process includes notice to interested persons and procedures to resolve creditor claims. The personal representative must identify and handle valid creditor claims before distributing assets.
- The court may require a bond for the personal representative unless heirs agree to waive the bond in writing.
- For formal administrations, the personal representative prepares and files an inventory of estate assets and follows the court’s schedule for accounting and distribution.
6. Transfer title to the house after administration
- When the court approves distribution, it issues an order (or a final judgment) directing how the house should be transferred to the heirs. Record that order with the county clerk or recorder and prepare a new deed transferring title to the heir(s) named by the court.
- In summary administration, the court issues an order that often allows a quicker recording to clear title. The order or final judgment is what title companies and the county use to update ownership records.
7. Other practical matters
- Contact the mortgage company immediately about the mortgage status. Paying off mortgage or assuming it depends on lender terms and who inherits the house.
- Check county property appraiser records for homestead exemptions or other tax information. Transferring title may affect property taxes.
- Be prepared to file final income tax returns and possibly estate tax filings if applicable.
Where to find forms and more information
- Florida statutes on intestate succession and probate chapters: Chapter 732 (intestate), Chapter 733 (administration), Chapter 735 (summary administration):
- Intestate succession: https://www.flsenate.gov/Laws/Statutes/2023/Chapter732
- Administration of estates: https://www.flsenate.gov/Laws/Statutes/2023/Chapter733
- Summary administration: https://www.flsenate.gov/Laws/Statutes/2023/Chapter735
- Florida Courts and local circuit court clerk websites provide probate filing instructions and local forms. Search your county circuit court clerk’s website for probate forms and instructions (filing fees, required documents, and local procedures vary by county).
Helpful hints
- Get multiple certified death certificates right away — courts, banks, and title companies will request them.
- Before filing, check the deed for joint owners, trusts, or beneficiary designations — these can avoid probate.
- Estimate the estate’s probate value (assets subject to probate minus secured debts). If under the summary administration threshold, the process is usually faster and cheaper.
- Keep careful records of bills you pay and communications with creditors. The personal representative must account for payments and distributions.
- Talk with the county property appraiser about homestead status — homestead rules in Florida carry special protections and can change who inherits the house.
- If multiple heirs may disagree about appointment or distribution, consider hiring a probate attorney early — disagreements can increase cost and time significantly.
- If you are appointed personal representative, act quickly to secure the house, maintain insurance, and protect the property from damage or vandalism.
Because probate and homestead rules can be technical and outcome-determinative, consulting a Florida probate attorney will help you choose the right path (summary vs. formal administration), prepare documents correctly, and avoid common pitfalls.
Reminder: This page provides general information about Florida probate law and is not legal advice. For advice tailored to your circumstances, contact a licensed Florida attorney.