Transferring Real Estate After Death in Florida: What Are Your Options?
When someone passes away owning property in Florida, transferring that real estate to heirs isn’t always simple. Depending on how the property was titled and whether a valid estate plan exists, the process could be quick or involve lengthy court procedures. At Pyle, Dellinger & Naylor, we assist families in Port Orange, Daytona Beach, and surrounding areas in determining the most efficient legal path for transferring property after a death.
Understanding your options can help prevent avoidable delays, unexpected costs, and disputes between beneficiaries. Acting early also helps protect the value of the estate and reduces stress during an already difficult time.
Probate and Non-Probate Transfers
Real estate may either pass through probate or transfer directly outside the court system, depending on how it was owned. Property titled solely in the deceased’s name typically requires probate unless other legal tools are in place. On the other hand, jointly owned property or assets held in a trust may bypass probate entirely.
We assist families by reviewing the property’s title, confirming whether probate is required, and identifying the best path forward. With our experience as a probate lawyer in Florida, we make sure each step complies with legal requirements and avoids unnecessary delays.
Using a Lady Bird Deed or Life Estate
In Florida, some property owners choose to prepare in advance by using enhanced life estate deeds, commonly known as “Lady Bird” deeds. These allow the property to pass directly to a named beneficiary upon death, without probate. The original owner keeps complete control during their lifetime, including the right to sell or mortgage the property.
Our attorneys will review your individual circumstances and review the pros and cons of using Lady Bird deeds as it relates to your situation. If you’re unsure whether a Lady Bird deed is right for your family, schedule a consultation with us to discuss whether this type of planning makes sense based on your long-term needs.
Trust-Based Transfers
If a property is held in a revocable living trust, the successor trustee can distribute the property according to the trust terms without probate. This route typically allows for faster administration, increased privacy, and lower legal costs. The key is ensuring that the real estate was titled correctly in the name of the trust before the original owner’s death.
Working with an estate planning attorney in Florida helps ensure that deeds are prepared and recorded correctly, and that successor trustees have the documentation needed to carry out their responsibilities.
Title Held in Joint Tenancy or Tenancy by the Entirety
In Florida, property owned jointly with another person, such as a spouse, can often pass directly to the surviving owner upon death. This is possible when the deed includes language for joint tenancy with right of survivorship or is held as tenancy by the entirety. These ownership structures allow the property to transfer without going through probate.
As a real estate attorney in Port Orange, we assist families with confirming the title type, drafting and filing the appropriate affidavits, and updating the public record to reflect new ownership. We also explain how these options compare to other transfer methods and ensure that future legal complications are avoided.
When Probate Is Unavoidable
If there is no will or no planning in place, probate is often required to transfer real estate. This court-supervised process can take several months or longer, especially if disputes arise. Florida’s probate system offers streamlined options for smaller estates or those with only one primary asset, such as a home, but these options still can take several months to administer.
Working with a real estate lawyer helps minimize mistakes in property valuation, notices to creditors, and court filings. Even in cases that seem straightforward, court approval is typically required before transferring title, which makes experienced legal support essential.
We Help Families Move Forward
At Pyle, Dellinger & Naylor, we work with families across Port Orange, Ormond Beach, and Palm Coast to transfer real estate after a loved one’s passing. Whether your situation requires a Lady Bird deed, trust distribution, or probate court filing, our firm is here to help you navigate every legal step with confidence and care. If you’ve lost a loved one and need to resolve property ownership, contact us today to schedule a consultation.
