My mother died with a NH will leaving me the executrix and any assets to her six grandchildren. She was living in Florida as I am. When all ...

Question

My mother died with a NH will leaving me the executrix and any assets to her six grandchildren. She was living in Florida as I am. When all was settled with medical bills which were not much, she had only about three hundred dollars left and one really worthless undeveloped piece of land in Florida on a dirt road estimated value of $3,000 tops which we had listed for sale prior to her death. Other than pay the taxes on this property which are approximately $30 per year (I take the money out of the three hundred) I have done nothing with her estate. What do I need to do? Can we market this property as it is still in her name and distribute to the grandchildren if it sells? D I need to somehow out it in their names.

Answer

You must probate the will to sell the real estate. Then divide the assets after paying liabilities.

This would qualify as a small estate in Florida.

Answer

The property in Florida will need to go through probate. Because of the small value, you should be able to do this through Summary Administration (a less expensive and abbreviated form of probate). Florida law will require a Florida attorney to handle this for you if there are multiple beneficiaries. The process will take approximately 4-6 months (perhaps less time) as long as no complex issues are encountered. The cost you can expect to pay is approximately $1,200 to $1,500. Should you have further questions or require assistance in this matter, please feel free to contact me. Otherwise, any other probate attorney in Florida can handle this matter. You will have to probate the property before you can sell it. You cannot sell it in her name as she would need to be alive to sign the deed.

Answer

You have to probate the Estate to clear title on the property. As you can see from the above there will still be a sizable cost in relationship to the asset. You cannot avoid it if you want to transfer the property.

Answer

Sorry for your loss. Yes as the other attorneys have stated, you will have to probate the estate. Because of the size of the estate, you very well could do a summary administration. Please let me know if I can be of assistance.