Is probate required in Florida

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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