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Do I have to to put my father (deceased) through probate in florida

Saint Petersburg, FL |

My Father passed and let his home to me in his will, He has no debts, but a small amount is still owed on the mortage which I wish to pay. Can I just continue to pay the mortgage and have name transfered?

Should i contact the bank and arrange the payment before doing the summary admin?

Attorney Answers 5


  1. You need to hire an attorney for a summary administration. In addition to getting the deed transferred to your name, the attorney will ensure that the homestead benefits are transferred to you. If you don't do this, you will always have chain of title issues with the home.


  2. You should contact a local probate attorney for guidance and direction in your situation. You will want to be sure that the title is properly transferred and that any remaining issues are properly resolved.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. For more information, you can reach my office at: ww.EGoldLaw.com or by calling: 818-279-2737.


  3. Since you're not a surviving spouse and you didn't own the property with your father as a joint tenant with rights of survivorship (all assumptions based on the facts provided) you must contact an attorney to have the will probated. Plus, you need the probate process to preserve homestead rights to avoid losing the home to pay off creditors.


  4. Yes-you can achieve this through summary probate.
    The mortgage can be transferred to you.
    Joe Pippen
    St. Pete Attorney
    727-586-3306

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  5. You are able to handle this through Summary Administration, which can be accomplished very quickly in Florida. You should have no problem taking care of the mortgate at that time.

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