Comments on: Avoiding the Florida probate process . . . is it really that bad? http://weprobateflorida.com/avoiding-the-florida-probate-process-is-it-really-that-bad/ Toll Free: 877-937-7628 Tue, 16 Nov 2010 21:24:35 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: long http://weprobateflorida.com/avoiding-the-florida-probate-process-is-it-really-that-bad/#comment-5322 long Tue, 06 Apr 2010 20:42:40 +0000 http://weprobateflorida.com/blog/?p=6#comment-5322 If I understand correctly, you are asking if a quit claim deed conveys property to two or more people, must the conveyance include the phrase "Joint Tenants With Rights of Survivorship" (JTWROS) in order to avoid probate. The answer is probably yes but only if the grantees are not a married couple. Married people enjoy what is called a "tenancy by the entireties" which has a similar effect of passing property onto the surviving spouse. If however, the grantees are not married, then the most common way to avoid probate is to include the JTWROS designation in the deed. If you are looking to prepare a deed of this sort, consider hiring an attorney to have it done properly. If one of the grantees has already died and the grantees were not married, then you'll probably have to go through probate in Florida. If I understand correctly, you are asking if a quit claim deed conveys property to two or more people, must the conveyance include the phrase "Joint Tenants With Rights of Survivorship" (JTWROS) in order to avoid probate.

The answer is probably yes but only if the grantees are not a married couple. Married people enjoy what is called a "tenancy by the entireties" which has a similar effect of passing property onto the surviving spouse.

If however, the grantees are not married, then the most common way to avoid probate is to include the JTWROS designation in the deed.

If you are looking to prepare a deed of this sort, consider hiring an attorney to have it done properly. If one of the grantees has already died and the grantees were not married, then you'll probably have to go through probate in Florida.

]]> By: Pascual Prisco http://weprobateflorida.com/avoiding-the-florida-probate-process-is-it-really-that-bad/#comment-5320 Pascual Prisco Sun, 04 Apr 2010 18:13:49 +0000 http://weprobateflorida.com/blog/?p=6#comment-5320 Do the words "Joint Tenants With Rights of Survivorship" require to be on a Quit Claim Deed, for the "second party" to assume full ownership of a condo, when the "first party" dies, and so avoid going through probate? Do the words "Joint Tenants With Rights of Survivorship" require to be on a Quit Claim Deed, for the "second party" to assume full ownership of a condo, when the "first party" dies, and so avoid going through probate?

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