I Inhertied a House: How do I put it in my name?
- jvtaormina
- Mar 12
- 4 min read
Inheriting a house can be both a blessing and a challenge. While it may offer financial security, it also comes with legal responsibilities. One of the first things you need to do is transfer the property into your name. However, this process is not always straightforward and often involves probate.
Understanding Probate
A Probate case is usually the way that you transfer property into your name that you have inherited. Probate is the legal process of settling a deceased person’s estate. When someone passes away, their assets, including real estate, must go through probate to determine rightful ownership. If the decedent left a Will, it may outline who inherits certain assets. If no Will exists, Florida intestacy laws dictate who receives the property.
Steps to Transfer an Inherited House into Your Name
1. Determine if Probate is Necessary
Before you can claim ownership of the house, you need to determine whether probate is required. In Florida, probate is typically necessary unless the property was jointly owned with rights of survivorship or placed in a trust before the decedent passed away. Another possibility to avoid probate is to have a Ladybird Deed recorded. This will cause the property to pass by operation of law.
If probate is needed, the type of administration required will depend on the estate’s value and other factors.
2. Choose the Right Type of Probate:
Summary Administration vs. Formal Administration
There are two main types of probate in Florida:
Summary Administration – This is a faster, less expensive process available if the estate’s total value (excluding the homestead property) is less than $75,000 or if the decedent passed away more than two years ago. In summary administration, there is no need to appoint a personal representative.
Formal Administration – This is the standard probate process for larger estates or when a personal representative needs to be appointed to handle assets and debts. Formal administration typically takes several months to over a year to complete.
A Florida probate attorney can assess your situation and determine which probate process is best for your case.
3. File the Required Court Documents
To start probate, you or your probate attorney must file a petition with the appropriate Florida court. If a Will exists, it must be submitted along with the petition. The court will either validate the Will or follow intestacy laws if no Will is present.
For summary administration, the court will issue an order directing the transfer of the property to the rightful heir(s).
For formal administration, the court will appoint a personal representative (executor) to manage the estate, including transferring property titles.
4. Resolve Any Outstanding Debts or Liens
Before the court allows the house to be transferred to you, any outstanding debts, including mortgages, property taxes, or other liens, must be addressed. The personal representative (in formal administration) is responsible for ensuring creditors are notified and paid from the estate’s assets.
5. Obtain a New Property Deed
Once the probate process is complete, you will need to record a new deed in your name with the county’s property records office. A Florida probate attorney can help ensure the deed is properly prepared and filed.
6. Update Property Tax Records and Insurance
After the property is officially in your name, notify the county property appraiser’s office to update tax records. Additionally, ensure that the homeowner’s insurance policy reflects your ownership to protect your investment.
Assets That Usually Go Through Probate
Real Estate – Any property solely owned by the decedent or owned as tenants in common with others.
Bank Accounts (Without a Payable-on-Death Beneficiary) – Accounts solely in the decedent’s name without a designated beneficiary.
Investment Accounts (Without a Transfer-on-Death Beneficiary) – Stocks, bonds, or brokerage accounts not set up with a transfer-on-death (TOD) designation or held in a trust.
Vehicles – Cars, boats, or RVs solely in the decedent’s name.
Personal Property – Jewelry, collectibles, furniture, and other valuable personal assets without a designated beneficiary.
Business Interests – If the decedent owned a business or held shares in a closely held company, probate might be required unless there was a succession plan.
Safety Deposit Box – If the decedent solely owned a safety deposit box, its contents may need to go through probate before being accessed.
Assets That Typically Avoid Probate
Jointly Owned Property – Assets owned with another person as joint tenants with right of survivorship automatically pass to the co-owner.
Life Insurance Proceeds – Paid directly to named beneficiaries.
Retirement Accounts (401(k), IRA, etc.) – If a beneficiary is designated, these accounts bypass probate.
Trust Assets – Property held in a living trust does not go through probate.
If you're dealing with an investment account or safety deposit box, whether they require probate depends on ownership and beneficiary designations. If there's no named beneficiary or co-owner, probate is likely required to transfer them to heirs. A Florida probate attorney can help determine the best course of action for handling these assets.
Why You Need a Florida Probate Attorney
Navigating probate alone can be overwhelming. A Florida probate attorney can streamline the process, prevent legal mistakes, and handle court filings on your behalf. Attorneys like those at Taormina Law, P.A. specialize in probate and offer contingency fee options, meaning you don’t have to pay upfront. Instead, their fees come from the proceeds when the inherited property is sold, making legal assistance accessible without financial strain.
Conclusion
If you’ve inherited a house, transferring it into your name requires going through the appropriate probate process. Whether your case qualifies for summary administration or formal administration, working with an experienced Florida probate attorney can make the process much smoother. If you're concerned about legal fees, firms like Taormina Law, P.A. provide contingency fee options, ensuring you only pay once the property is sold. Taking the right legal steps now will get the property into your name sooner than later.
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