Detailed Answer: Including Real Property in a Florida Estate
Under Florida law, you include real property in a decedent’s estate through probate or via a beneficiary (transfer-on-death) deed. Probate applies when the decedent held property solely or as tenants in common. Tenancy by entireties or joint tenancy with right of survivorship transfers outside probate.
- Review Ownership Type
Determine how the decedent held title. Sole ownership or tenancy in common passes through probate. Tenancy by entireties (for married couples) and joint tenancy with right of survivorship pass automatically to the surviving owner. - Consider a Beneficiary Deed
Florida law permits a beneficiary deed under Fla. Stat. § 732.401–.403. Execute, notarize, and record the deed naming your beneficiary. The property transfers outside probate when you die. - File for Probate Administration
If the property must go through probate, file a petition for administration in the probate division of the circuit court in the county where the decedent resided. See Fla. Stat. § 733.201 and § 733.301. - Appoint a Personal Representative
The court issues Letters Testamentary (if there’s a will) or Letters of Administration (if intestate). The personal representative manages estate assets, including real property. - Inventory and Appraise Assets
Within 60 days of appointment, the personal representative must file an inventory listing all estate assets and their appraised values. See Fla. Stat. § 733.502. - Clear Liens and Pay Creditors
The representative uses estate funds to satisfy mortgages, liens, and valid creditor claims. Publish a notice to creditors if required by law. - Transfer Title to Beneficiaries
After settling debts and taxes, the personal representative executes and records a final deed conveying the property to the beneficiaries named in the will or as determined by intestate succession under Fla. Stat. § 732.101.
Helpful Hints
- Run a title search to uncover liens or encumbrances before probate.
- Obtain a professional appraisal for accurate property valuation.
- File the inventory within the 60-day deadline to avoid penalties.
- Keep organized records of all court filings and recorded deeds.
- Consult a probate attorney to ensure you meet procedural requirements.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney for guidance tailored to your situation.