Ask a Real Estate Pro: What Happens to Our Mother’s House After She Died Without a Will?

probate titledeeds

❓ QUESTION: What Happens to Property When Someone Dies Without a Will in Florida?

If your mother was a U.S. citizen and passed away without a will, Florida law considers her to have died intestate. This means the Florida probate court will follow intestate succession laws to determine who inherits the property.

📜 The Florida Intestate Succession Process:

  1. ⚖️ Probate is Required: A probate case must be opened in the county where the property is located.

  2. 👩‍⚖️ Court-Appointed Representative: Usually, a close family member is assigned to manage the estate.

  3. 🧬 Who Inherits?: This depends on marital and parental status at the time of death.

  4. 🚫🏠 No Sale Until Probate Clears: You’ll need court approval before selling the property.

  5. 🛡️ Homestead Rules: Florida’s homestead exemption may protect the property and guide how it’s transferred.

🌍 QUESTION: What If the Property Owner Was a Foreign National?

Foreign nationals who die owning Florida property must go through Florida probate, even if there's an estate proceeding abroad. Florida law, not foreign law, governs inheritance.

🌐 Important Notes for Foreign Nationals:

  1. 🏛️ Ancillary Probate: Required in Florida even if probate is started in another country.

  2. 📘 Florida Law Applies: Not the home country’s laws.

  3. 💰 Estate Tax: U.S. estate tax may apply to assets over $60,000 for non-U.S. citizens.

  4. 👨‍⚖️ Legal Help is Essential: Cross-border estate issues can be complex, professional guidance is highly recommended.

🛡️ How to Protect Your Family from Probate

✅ Make a Florida-recognized will
✅ Use a revocable trust or Lady Bird Deed
✅ ⚠️ Seek legal advice when buying or titling property
✅ 📄 Request a title review if you’re unsure how your loved one held the property

💡 Pro Tip: Title should reflect your current life situation, marriages, divorces, deaths, and moves can all impact future inheritance.

❤️ Whether you're a U.S. resident or an international buyer...

Dying without a will can create legal hurdles for your loved ones. With smart planning, you can save your family time, stress, and money.

📞 Need help getting started?
We can connect you with trusted Title Companies in your local area.

📩 Contact Michelle Baydemir

Vacay & Co Real Estate
📧 Email: [email protected]
📱 Call/Text: 321-333-1338
🌐 Website: www.vacayreflorida.com/propertyevaluation