I’m an Only Child—Do I Still Need to Probate a Property I’m Inheriting in Florida?
- jvtaormina
- Sep 9
- 2 min read
If you’re the only child and your parents have passed away, you may assume that inheriting their home will be simple. After all, if you’re the only heir, wouldn’t the property just transfer into your name automatically? The truth is: maybe. Whether or not you need probate depends on how the property was titled at the time of your parents’ passing.
When Probate May Not Be Necessary
In Florida, probate is not always required. In some cases, property ownership can transfer directly without court involvement. This often happens if the property was set up with certain estate planning tools, such as:
Lady Bird Deed (Enhanced Life Estate Deed): This type of deed allows the property to pass directly to the named beneficiary upon the owner’s death, avoiding probate.
Revocable Living Trust: If your parents placed the property in a trust, it will transfer to the trust beneficiaries without probate.
Joint Ownership with Rights of Survivorship: If another person was listed as a co-owner, the surviving owner may automatically inherit the property.
If one of these tools was used, you may not need to file a Florida probate case to inherit the home.
When Probate Is Required in Florida
If the property was titled solely in your parent’s name and there was no trust or special deed in place, you’ll likely need to go through the Florida probate process—even if you are the only child and sole heir.
In Orlando and throughout Florida, probate is the legal process that verifies a will (if one exists), ensures debts and taxes are addressed, and officially transfers property to heirs. While being the only heir may simplify things, probate is often still necessary to establish clear ownership.
Why Probate Matters
Without probate, you may run into problems such as:
Being unable to sell inherited property in Florida
Trouble refinancing the home
Title issues that affect insurance or taxes
Even if you plan to keep the property, probate helps ensure you have clean title and full legal ownership.
Options for Florida Probate
Depending on the property’s value and circumstances, you may qualify for summary administration, a simplified version of probate often used in Florida. In other situations, a formal administration may be required. An experienced Orlando probate attorney can evaluate your case and guide you through the right process.
Work With an Orlando Probate Lawyer
At Taormina Law, P.A., we help families across Orlando and the State of Florida navigate the probate process with confidence. Whether your case qualifies for summary administration or requires a full probate proceeding, Attorney Joe Taormina will work to ensure a smooth transfer of ownership.
📞 If you’re inheriting property in Orlando or anywhere in Florida and aren’t sure whether probate is required, contact Attorney Joe Taormina today at TaorminaLawPA.com. We’ll review your situation and help you find the most efficient path forward.
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