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Can we transfer our mother's house without probate?

Can we transfer our mother's house without probate?

Full question:

MY MOTHER DIED AND LEFT MY BROTHER AND ME HER MANUFACTURED HOUSE ON LEASED LAND WITH 10,000 CASH IN THE BANK FLORIDA MY MOTHER IS CANADIANCAN WE TRANSFER THIS HOUSE TO OUR NAMES WITHOUT PROBATE THE WILL STATED HOUSE COULD BE TRANSFERED TO BOTH SONS WHO ARE EXECUTERS AND POA

Category: Wills and Estates
Subcategory: Probate
Date: 04/07/2025
State: Florida

Answer:

The ability to transfer your mother's house without probate depends on several factors. If no one else is named on the deed and the total value of her estate is less than $75,000, you may qualify for a summary probate procedure in Florida. This is known as Florida Summary Administration, which allows for a simplified process to transfer assets.

If your mother has been deceased for more than two years or if the estate's value is below $75,000, summary administration may be available. After the court enters an order for summary administration, you can use that order to collect and distribute the assets, including the bank account.

Additionally, if the house is exempt from creditors or if there are no assets to pay creditors, you may not need formal administration. Florida statutes (Fla. Stat. § 735.201 and § 735.301) outline these processes. It’s advisable to consult with a legal professional to navigate your specific situation effectively.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens to my mother's house when she died?

When your mother died, her house became part of her estate. If she had a will, the house would be distributed according to her wishes as stated in the will. If there is no will, state laws dictate how her property is divided. In Florida, if the estate is small enough, you may be able to transfer the house without going through full probate, using a simplified process known as summary administration (Fla. Stat. § 735.201).

How long can a house stay in a deceased person's name?

A house can remain in a deceased person's name until the estate is settled. This process can vary in duration, depending on whether probate is required and the complexity of the estate. In Florida, if the estate is eligible for summary administration, it may be resolved more quickly, often within a few months, allowing for the transfer of the property sooner.

How long can a deceased person own property?

A deceased person does not technically own property after their death; the property is part of their estate. The estate can remain open until all debts are settled and assets are distributed, which can take months to years. In Florida, if the estate qualifies for summary administration, the process can be expedited, allowing for quicker transfer of property (Fla. Stat. § 735.201).

Is it illegal to keep a mortgage in a deceased person's name?

It is not illegal to keep a mortgage in a deceased person's name, but it is not advisable. The mortgage must be addressed during the estate settlement process. The estate is responsible for the mortgage payments, and if not handled properly, creditors may take action. It’s best to consult a legal professional to ensure proper management of the mortgage and property.

Can you keep property in a deceased person's name?

Yes, property can remain in a deceased person's name until the estate is settled. However, it’s important to manage the property and any associated debts appropriately. In Florida, if the estate qualifies for summary administration, the process can be simplified, allowing for the transfer of the property to heirs more quickly (Fla. Stat. § 735.201).

Can I live in my mom's house after she dies?

You may be able to live in your mother's house after her death, but it depends on the estate's status. If you are an heir and the estate is being settled, you may need to wait until the property is legally transferred to you. If the estate is small enough to qualify for summary administration in Florida, this process may be expedited (Fla. Stat. § 735.201).