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Janice from New Mexico wanted to know if probate was necessary to change title to real estate:

“Quick” Question

“My mom owned a parcel of land in Lee County but was a resident of New Mexico. She died last May and we’re done with probate there. Can I just file the death certificate and deed it to me and my sister? Or do I have to go through probate in Florida as well?”

“Quick” Answer

Yes, you’ll need probate and depending on the circumstances, the estate might qualify for summary probate administration (short form probate) or more specifically, ancillary summary administration.

Probate is the process of administering a decedent’s estate. Even if the decedent resided and died in another state (the home state), that decedent also left an estate in Florida if he or she owned real property/real estate in Florida.

Essentially, because your mom owned property in Florida, she left an estate in Florida notwithstanding the fact that she called New Mexico home. So you’ll have to go through a probate administration in Florida in order to pass title of the Lee County real estate to you and your sister. Again, you might be able to take advantage of the shorter summary administration.

If you have a general probate question you’d like answered in our “Quick” Q&A feature column, send us an email to help[at]weprobateflorida.com. If you have an actual probate case and you’d like a Free Case Review by phone, fill out our quick contact form!