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My mother passed away in 2000. Estate never went through probate. To sell the house, how do we expedite probate? Who pays?

Melbourne, FL |

When my mother passed away, according to her will, she left her partner as the executor of her estate an the house was left to myself and the partner's daughter, with a life estate for the partner. The partner has since passed and I just found out the estate never went through probate! I live in Washington State and the daughter in Florida. I'm guessing a local attorney would be best? And who is responsible for the expense of now doing what should have been done 13 years ago with the $17,000 left for the executor to work with? Can you give any kind of estimate of costs?

Attorney Answers 5


  1. Best answer

    If the home was the only asset, even without probate, the creditors ability to intervene expired many years ago. The house passes outside of Probate. There are many fine probate attorneys in Melbourne that can help you with a Summary Administration and Determination of Homestead, which will be required to transfer title. Good luck. If everything is as you describe, it is a very simple procedure and should not cost more than a few hundred dollars.

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.


  2. You did not say anything about the value of the house, but it should be a fairly straight forward probate.


  3. Contact a few local attorneys. They will not give estimates in this forum. It shouldn't cost too much.

    Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum.


  4. I agree-creditors rights have expired and this should be a summary probate with determination of homestead.
    Many firms(including my firm) should quote you a flat fee for the legal work.

    Attorney Joe Pippen
    20 Florida Offices
    1-800-226-3529
    www.attypip.com

    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. I agree that the probate process itself should be relatively simple and inexpensive; however, there are other things to consider. Such as what you and the partner's daughter will do with the property now that you are co-owners. If you are both in agreement to sell the property, that's great (but often not the case). A consult with an attorney would be helpful to discuss all your options. Many attorneys here in Melbourne give free consultations for probate matters, my office included. With more facts, an attorney can give you an estimate for fees and how those fees can be paid.

    Eve Travis
    Arcadier & Associates, PA.
    2815 West New Have Ave, Ste 304
    Melbourne, FL 32904
    321-953-5998

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