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

Asked almost 2 years ago - 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?

Additional information

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

Attorney answers (5)

  1. Max Andres Lopez

    Contributor Level 3

    3

    Lawyers agree

    Answered . 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.

  2. Joshua Eli Adams

    Contributor Level 14

    2

    Lawyers agree

    1

    Answered . 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.

  3. Dana Laganella Gerling

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . 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.

  4. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    Answered . 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... more
  5. Eric Jerome Gold

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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... more

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