The answer depends on how the property was titled — and most families don’t find out until it’s too late to change it.
One of the most common calls we receive after someone passes away involves the family home. A parent has died, the adult children want to sell the property or transfer it to a surviving sibling, and nobody is quite sure what to do next. The answer almost always comes down to one thing: how the property was titled when the owner died.
Here is what we see most often.
If the home was owned solely in the deceased person’s name
When a property is titled in one person’s name alone, with no co-owner and no trust, it has to go through Florida’s probate process before it can be transferred or sold. There is no shortcut. The case has to be opened, the filing fees must be paid, the estate has to be administered, creditors have to be notified, and eventually — after months of process — the court authorizes the transfer.
In the meantime, the property just sits. It can’t be sold. It can’t be refinanced. If there’s a mortgage, someone still has to make the payments. If there are property taxes due, someone still has to pay them. The family is responsible for a property they don’t yet legally own.
A common misconception: “But she had a will”
We hear this often. A parent had a will that left everything to the children — so the family assumes the will takes care of the transfer automatically. It doesn’t.
A will is a set of instructions for the probate court. It tells the court who gets what. But the will itself doesn’t transfer anything. The court still has to open a probate case, validate the will, and work through the full administration process before any assets — including the home — can actually be distributed. Having a will does not avoid probate. It just tells the court where things should end up.
If the home was owned jointly with right of survivorship
If a married couple owns their home as tenants by the entirety — the default form of joint ownership for married spouses in Florida — the surviving spouse generally inherits the property automatically when the first spouse dies, without probate. A certified copy of the death certificate is typically all that’s needed to clear title.
This is straightforward when both spouses are living. But it doesn’t help when the surviving spouse later dies, because now there’s only one owner again — and that’s where families can run into the same probate problem one generation later.
If the home was in a revocable living trust
Property held in a revocable living trust transfers outside of probate entirely. The successor trustee — the person named to take over when the original trustee dies or becomes incapacitated — handles the transfer directly, without court involvement. It’s faster, it’s private, and it doesn’t require a judge’s approval.
For clients who own real estate in Florida, a trust is usually the most practical planning tool available. The home is deeded into the trust during the owner’s lifetime, and from that point forward, the probate question is largely answered.
Lady Bird Deeds: another option worth knowing about
Florida also recognizes an enhanced life estate deed, sometimes called a Lady Bird Deed. This allows a property owner to transfer the home to named beneficiaries at death — automatically, without probate — while retaining full control over the property during their lifetime. It’s a simpler and less expensive option than a full trust for clients whose primary goal is keeping the home out of probate.
We’ll cover Lady Bird Deeds in more detail in a future post. But if you’re trying to understand your options for a Florida property, it’s worth knowing they exist.
The bottom line
If you own real estate in Florida and you don’t have a trust or a Lady Bird Deed in place, your property will likely go through probate when you die. That process takes time, costs money, and adds stress to families who are already dealing with loss. Planning ahead changes that picture significantly.
If you’d like to understand how your property is currently titled and what your options are, our office is a good place to start.
Lighthouse Legal Group is an estate planning and elder law firm in Orlando, Florida. We can be reached at (407) 494-6701 or through lighthouselegalfirm.com.