Can a property be sold if one party on the title has passed away, They do have the death certificate which was issued in Fl.

Asked about 1 year ago - Saint Petersburg, FL

They bought a condo here in Florida, are both British citizens and live in UK. There was no will in USA and this is the only thing they have in USA.

Attorney answers (3)

  1. Lee R. Carr II

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    Answered . Assets titled indvidually in a decedent's name must be probated. But as previously suggested, the deed's language will determine your answer. If owners were tenants in common, the decedent's share will require probate because the person who had the authority to deal with the property is now deceased. WIth no will in probate, the property passes to surviving family members according to Florida's intestate laws. If there are rights of survivorship in the deed, then the surviving owner automatically becomes the sole owner. I hope it works out.

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  2. Christopher Quinn Wintter

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    Answered . It depends upon whether the property was held as tenants in common or as joint tenants with rights of survivorship.. If tenants in common, they need probate. If joint tenantw with rights of survivorship, they do not.

  3. Dana Laganella Gerling

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    Answered . A Probate administration will be necessary in order to sell the property unless the property was held in a Revocable Living Trust. Probate is a court process where the property will be transferred to their beneficiaries.

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