How To Transfer Property After Death in Florida

Transferring Florida real estate after the passing of an individual isn’t exactly easy. This is primarily due to a hefty amount of real estate laws, as well as probate law which is brimming with complexities.

By understanding the basic rules of this particular segment of legislation, you can ensure a painless transition of the ownership of the property and avoid costly legal disputes in the future.

 Let’s go over everything you need to know about how to transfer property after death in Florida. 



How To Transfer Property After Death In Florida Without A Will?

Believe it or not, it’s very common for the controlling deed to not contain any life estate language. Fortunately, even though the transfer won’t be as smooth as with a will, there are many ways to go about this. You can leverage a summary administration or go through a probate administration, which is governed according to Florida’s intestacy laws. 

The administration you go through will ultimately depend on factors like the size of the estate, the type of assets, and how far back the decedent passed away. A summary administration is shorter than probate and, in most cases, a lot less financially taxing. 

Keep in mind this type of administration is only available if the value of the assets doesn’t exceed $75k or if the descendent has passed away more than two years ago.

Regardless, after the probate process is done, you and other beneficiaries will be assigned a distributive deed. Alternatively, with summary administration, the property will be conveyed by the order of summary of administration, which pretty much accomplishes the same goal as receiving a distributive deed.

How To Transfer Property After Death In Florida With A Will

Although probate is necessary in the event someone dies without leaving a will (aka dying intestate), you may not be able to avoid it even if there is a will. This court-administered process sees to it that all assets are accounted for, all creditors and taxes are properly settled, and the property is fairly distributed to the beneficiaries.

Furthermore, with a last will present, the probate will include determining the validity of the documentation and addressing issues such as improperly titled beneficiaries, beneficiaries that can’t be located, and so on.

What Happens If The Probate Isn’t Filed?

The main reason why probate should always be filed is because it allows for the proper transfer of assets and property out of the estate of the deceased individual. Legally speaking, the property can’t be retitled unless the estate enters the probate process. In other words, even if the heirship is clear, the heirs won’t be able to inherit the decedent’s home or financial assets without the approval of the court. 

Along with that, not filing for probate opens up a proverbial can of worms. For example, other heirs may take legal action against you. Even if a loved one passed away intestate, the laws of the probate process make certain the assets are fairly distributed according to succession laws. If, by chance, one of the heirs didn’t receive the assets they were entitled to because the probate process wasn’t started, they are well within their legal rights to sue you. 

As we stated above, in cases where the will isn’t entered into probate, any existing issues will go unresolved and the validity of the will itself could get scrutinized. For instance, some of the heirs may question the competence of the passed individual at the time they executed the will and the validity of the signatures of the witnesses, to name a couple scenarios. Without probate, all of these issues could snowball into years of litigation, making a lengthy probate a more favorable option than an expensive court case.

How To Transfer The Property After Death In Florida Without Probate

That said, it is possible for the loved ones of the descendent to legally avoid probate and expedite the process of distribution of the property or the assets. One of the easiest ways to do so is to transfer the title of the property into a trust.

This method of estate transfer provides authority to another party, or a trustee, to legally handle all the assets for the benefit of the beneficiaries. 

There are two types of trusts you should be aware of that help achieve this:

Revocable trusts

With revocable trusts, it’s possible to change, amend, and even revoke terms in the agreement at any time after the trust agreement has been signed. This offers a great deal of flexibility to the grantor, as they own and control the assets within the trust while they’re still alive. Upon their passing, the trustee can easily transfer the property to all beneficiaries without going through probate.

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Irrevocable trusts

By contrast, any terms and stipulations in irrevocable trusts can’t be modified after the trust agreement has been signed. While this type of trust can be a good way to avoid probate and reduce the tax burden for the beneficiaries, by nature, it’s inflexible - the grantor won’t have room to make any sort of changes without terminating or decanting the trust.

Ensure A Smooth Transfer Of Property With Doane & Doane

When talking about how to transfer property after death in Florida, the conversation is rarely straightforward. The death of a family member and the act of failure to divvy up the assets is generally very stressful for all the parties involved, and there’s always a high probability of probate issues, creditor claims, etc. 

Regardless of whether you inherited a property or you’re starting an estate plan that will assist your heirs after you pass away, working with an experienced attorney is necessary more often than not. 

Administering the estate or establishing different kinds of trusts is complex and emotionally taxing. Without a legal professional guiding you through the ordeal, you run the risk of making costly mistakes that can rear their ugly head in the future. 

If you’ve got nowhere to turn, consider Doane & Doane. With over 20 years of experience in estate planning, our law firm has helped countless Palm Beach County residents fulfill their estate planning goals. We also guided grief-stricken heirs through complex legal processes with expertise and compassion, so we know how to handle these delicate situations. 

Get in touch with an expert estate planning attorney by calling 561-656-0200 or filling out our contact form.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.