I want to sell an inherited home. Do I need to get the title in my name first or can I just sell it?

Bankruptcy and Debt 1 views 5 answers
I have inherited a vacation home in Florida. It has no liens. Probate is closed in home state. Do I need to get title to home in my name before selling?

Attorney Answers

5
Barry Stein ·
If you inherited it through an estate you would need a deed from the executor or in Florida the personal representative. Likely it required an ancillary Administration in Florida too. Seek some legal help with your paperwork.
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Carol Johnson ·
An ancillary probate will be necessary in Florida in order to properly transfer title to the property. That would be up to the Executor of the estate to initiate. Once that is complete, you are free to sell.
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Marshall Deason ·
Courts outside of Florida have no jurisdiction to transfer title to Florida real property. Even though you had a probate in the home state, you will have to do an ancillary administration of the estate in Florida to deal with the Florida real estate. You should consult the lawyer who handled the probate in the home state for help in getting this done.
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Matthew Weidner ·
If the estate closed outside Florida, transferring title would likely require a simple ancillary estate to be opened in the county where the property is located. The good news is an ancillary estate is a relatively simple and inexpensive matter when all the other issues have been concluded as part of the primary estate.
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