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confused about probate process +

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cindiw

Junior Member
What is the name of your state? Florida

My father died and I have a copy of the will, leaving everything to me. It is signed and notarized. The original will has been lost. Meantime, he left me (his daughter) his condo and we want to transfer the title to my name. Since I have the original deed, his death certificate and a copy of the will (which has notary signature), is that enough for me to bring to the courthouse to get the property in my name?
 
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ladybg1

Member
Florida requires full probate when real estate is involved. You need to have an atty handle this for you. It won't be possible for you to just go to the court house & change the name.
 

cindiw

Junior Member
Florida requires full probate when real estate is involved. You need to have an atty handle this for you. It won't be possible for you to just go to the court house & change the name.
Even if the value of the real estate is under $75,000? Can't I get summary administration?
 

ladybg1

Member
yes-any real estate puts it into formal administration. I learned a lot with my dad's estate 3 yrs ago. You can & should file the will with the probate court in the county where he lived. You will have to publish an ad in the classified advising any creditors to place any valid claims & they have 90 days to do so. But since you have to use an atty-they will know all this.
 

nextwife

Senior Member
You cannot file a COPY of a will, to my knowledge. If no original exists, you may need to file intestate probate.
 

Dandy Don

Senior Member
If he has a surviving spouse, you may want to consult an attorney to find out what her share of this estate will be.
 

cindiw

Junior Member
There is no surviving spouse. I have all the necessary documents, including the death certificates & copies of the funeral expenses as well as the hospital bills showing that he owed them no money. When I was consulting with an attorney, the lawyer's office never mentioned that I had to have an attorney because of real estate, in fact the discussion was regarding the $75,000 limit on the estate, which according to Florida law would necessitate an attorney (anything over $75,000). Are you absolutely sure that any real estate would require the services of an attorney? To the best of my knowledge the value of the estate (if there is no will, and yes, that means that a copy of the will is invalid regarding summary judgment) must be below $75,000 to avoid the services of an attorney. I was hoping to get through the probate process w/o an attorney but in Broward County there is a lottery process so it seems with the judges and one of the judges requires an attorney, it's the luck of the draw. Thanks for your friendly suggestions, I was hoping for a little more info on this. It is truly pitiful that I would need an attorney for such a small estate.
 

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