My sister (Minnesota) is heir to piece of "scrubland" in Florida valued at less than $2,000. Can she just transfer the property title (free and clear) to her kids or does it need to go thru probate? They are in middle of probate now, but Minnesota lawyer was not sure of FL property probate law.
Estate Planning Attorney
She needs to have title transferred to herself before she can transfer it to her children. Most states have less involved probate procedures for small estates. Assuming this scrubland is the only Florida property, it can probably be administered under less formal proceedings but some procedure will be required in any event.
Real Estate Attorney
In order for the property to be properly titled in the heir's name(s) an administration must be commenced. It is advisable to hire an experienced attorney since completing the task improperly could result in delays in the subsequent sale or finance of the property.
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5 lawyers agree
Estate Planning Attorney
Your sister will need to open a probate in the county where the land is located. Because there is an estate open in Minnesota, it's called "ancillary administration". It should qualify for a summary administration which is Florida's simplified probate proceeding. Have the Minnesota attorney or your sister contact a Florida probate attorney. Many of us give free probate consultations.
This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Eve Travis Arcadier & Associates, PA. 2815 West New Haven Ave, Ste 304 Melbourne, FL 32904 321-953-5998
Wills and Living Wills Lawyer
As the other attorneys have indicated, the property in Florida would go through Summary Administration, a less expensive and abbreviated form of probate. If there are other heirs entitled to the property, they would need to execute a deed with your sister to transfer the property to her kids, or she will just be able to transfer her share of the property. This is not an uncommon situation. I have handled many cases where the family was out of state and the Florida property had to be probated through Summary Administration. A Florida attorney, as mandated by Florida Law, will be required to handle these proceedings.