When it comes to real estate and probate in Florida, many people—even those with experience in investing or homeownership—face important legal questions when planning their estate or dealing with the death of a loved one. And it’s no wonder: Florida’s probate laws are complex, and mistakes can be costly.
At Jurado & Associates, P.A., we receive numerous questions on this topic every week. That’s why today we want to share with you the 5 most frequently asked questions about real estate and probate, along with clear answers that can help you avoid mistakes and better protect your assets and your family.
What happens to a property if the deceased person was the only one listed on the title?
This is, without a doubt, the most common question.
When a person dies and the property is solely in their name, it cannot be immediately transferred to the heirs—even if there is a will. First, it must go through a legal process known as probate.
In this process:
- The court validates the will (if one exists).
- Personal representatives are appointed to manage the estate.
- Outstanding debts and taxes are paid.
- Finally, the property is distributed as instructed.
Important: This process can take months and result in high costs if not properly planned.
To avoid this scenario, it is recommended to establish a revocable living trust or use other tools like a Lady Bird Deed, which allow property to transfer automatically without going through probate.
Can I leave my house to my children with just a will?
Yes, you can… but that doesn’t mean your children will receive the property immediately.
Even though a will specifies your wishes, the property must still go through probate before it can be transferred. This can cause delays, expenses, and in some cases, family disputes.
Recommended solution: If your goal is for your children to inherit your home without complications, the best strategy is to transfer the property into a living trust, or use a deed with the rights of survivorship or a Lady Bird Deed. These tools allow the transfer to happen automatically upon your passing.
What happens if I own properties in more than one state, besides Florida?
This is a delicate topic—and more common than you might think.
If you pass away owning properties in multiple states (for example, a house in Florida and another in New York), each state will require its own probate process. This means:
- Double or even triple the costs.
- Legal proceedings in different courts.
- Significant delays for your heirs.
The best way to avoid this issue is to include all your properties in a single living trust. By doing so, it doesn’t matter which state the properties are in—they will no longer be in your name and won’t require separate probate processes.
Can I sell or rent a property that is in probate?
In most cases, you cannot sell or rent a property until the probate process is complete, or the court has issued a specific order authorizing it.
If you attempt to sell without proper authorization:
- The buyer will not be able to obtain a clear title.
- The sale cannot be legally closed.
- The transaction could be voided and lead to legal consequences.
If you’re an heir to a property in probate, you must work with a probate attorney to request court approval if you wish to sell or rent the property before the process is completed.
What happens if there are multiple heirs who don’t agree on what to do with the property?
When a property is inherited by multiple people (siblings, children, etc.), each has equal rights to it. If one wants to sell and another does not, a conflict may arise and delay everything or even lead to a lawsuit.
In Florida, if no agreement is reached, any co-owner can file a partition lawsuit, where a judge will decide how to divide or sell the property.
To avoid these types of conflicts, the ideal approach is to:
- Leave clear instructions in a trust or will.
- Appoint a trustee with the authority to make decisions.
- Have open conversations with future heirs to understand their wishes.
Real estate is one of the most valuable assets we can leave to our loved ones, but it can also be a source of conflict, delays, and issues if not properly planned. As we’ve seen, simply having a will is not enough to ensure your property passes smoothly to your heirs.
At Jurado & Associates, P.A., we help you find the best legal strategy to protect your properties in Florida, avoid unnecessary probate, and ensure an orderly and fast transition for your loved ones.
Do you have questions about your real estate or estate planning?
Contact us today by email at [email protected] or message/call us at +1 (305) 921-0976. At Jurado & Associates, we’re more than lawyers—we are strategists and problem solvers. Your peace of mind starts with a conversation.
