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My husband passed away 2011 intestate in FL.

Fort Myers, FL |

I am on the deed/title but not on note only mortgage. I did not open any administration, continued to pay the mortgage on time and the bank acknowledges that I have an interest in the home. I want to sell do I need to open an administration as I am prohibited by costs. I was told by Lee County Clerk I could go ahead and submit the death certificate and deed/title with new deed/title for recording to put my name on property solely. This is only property jointly owned and it has a mortgage of $145K and the house is worth $325K. I am on homestead with county. My late husband owned nothing else and we have 2 grown sons.

Attorney Answers 3

  1. If you and your husband owned the property as tenants by the entireties (as husband and wife), then you do not need to go through probate to sell your house as the recording of a death certificate and affadavit of continuous marriage will clear title into you.

    Good Luck!

  2. It would do you good to have a consult with a probate lawyer.
    It depends on how the property was titled in your names; there are 3 types of joint ownership of real property in FL. It is more likely than not, that all that would be needed is an Affidavit of Continuous Marriage to be recorded along with a certified copy of your husband's death certificate.

  3. Sorry for your loss.
    Verify the type of joint ownership before you attempt to sell the home. More than likely, you can record the death certificate and sell the home without issues.

    Answer does not constitute legal advice. (727) 471-0039 or, This answer is provided for informational and/or educational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Adam is a Florida Attorney practicing in areas of Estate Planning, Elder Law, Trusts, Probate, Guardianship, and Business Law. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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