{"id":7291,"date":"2022-09-09T08:45:00","date_gmt":"2022-09-09T12:45:00","guid":{"rendered":"https:\/\/yourfloridaprobatelawyer.com\/?p=7291"},"modified":"2022-08-04T07:22:00","modified_gmt":"2022-08-04T11:22:00","slug":"is-vacant-land-subject-to-probate-in-florida","status":"publish","type":"post","link":"https:\/\/yourfloridaprobatelawyer.com\/is-vacant-land-subject-to-probate-in-florida\/","title":{"rendered":"Is Vacant Land Subject to Probate in Florida? – The Answers You Need"},"content":{"rendered":"\n

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Probate<\/a> often involves the distribution of real property through a will. If a Florida resident dies owning a property titled solely in his or her name, that property must go through probate administration before being transferred to its rightful heirs.\u00a0\u00a0<\/p>\n\n\n\n

Is vacant land subject to probate in Florida? Read on to find out.  <\/p>\n\n\n\n

Probate Assets vs. Non-Probate Assets – Understanding the Concept  <\/h2>\n\n\n\n

During probate, the deceased’s estate goes through a court-supervised administration to oversee the transfer of the money and assets to their rightful new owners. Not all assets are subject to probate, as some of them are inherited without court intervention. <\/p>\n\n\n\n

If a deceased’s estate has no probate assets, it may not need probate administration.  <\/p>\n\n\n\n

Under Florida law, any assets titled solely in the decedent’s name at the time of death are subject to probate. This category includes any real property titled solely in the decedent’s name or owned under tenancy in common. <\/p>\n\n\n\n

Assets with designated beneficiaries do not need to go through probate. Examples include real property<\/a> owned under the joint tenancy with rights of survivorship, a couple’s property held under tenancy by the entirety, and any property titled in the name of a trust<\/a>.\u00a0<\/p>\n\n\n\n

Is Vacant Land Subject to Probate in Florida? – The Verdict <\/h2>\n\n\n\n

Whether a piece of vacant land is subject to probate depends on how it is titled. If the land is titled in the deceased’s sole name at the time of death, it is subject to probate. There are two types of probate in Florida – summary administration<\/a> and formal administration<\/a>.\u00a0<\/p>\n\n\n\n

Florida Statutes \u00a7735.201 requires summary administration if: <\/p>\n\n\n\n