Is probate required in Florida

My son inherited property located in Orlando,Fl., from his
Grandmother. He is the only heir. Property value is under
75,000.00. There is a will. We have an Affidavit of Heir
ship, but I was told that Florida does not accept this. It
has been over 2 years since she passed away. I am trying to
help him but am not sure if we are required to go to probate
court or what we needed to do. I read about Disposition
without Administration and Summary Administration. I am more
confused than ever. He just wants to sell the property. What
does he need to do?
Thank you

Asked on August 17, 2018 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I am so sorry for your loss and the situation.  Generally speaking, the Executor of the Will must transfer the property to him to allow him to sell it.  He is not the only heir in intestacy if you are her son.  It would go to you.  That matters here.  Please go and seek consultation from an attorney on a falt rate basis.  He or she needs to know the facts and circumstances here and read the Will. Good luck.


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