If my mother died 12 years ago but her Will was never probated and she left me her house on an acre of land, what should I do to claim it?

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If my mother died 12 years ago but her Will was never probated and she left me her house on an acre of land, what should I do to claim it?

It was homestead exempt. Is the property mine?

Asked on November 1, 2014 under Estate Planning, Florida

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  You will need to file a Probate Proceeding if you want to claim the homestead exemption against creditors.  That will also allow you to be appointed as the fiduciary in order to transfer the property via Executor's Deed.  Some states allow the transfer of real property - if there is nothing else that is part of the estate - via heir at law deed.  Speak with some one about the facts of your particular case.  Good luck.


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