In some states if real estate is owned by two people it may pass to the survivor even if they are not husband and wife. However in Florida it depends on whether or not they are husband and wife. If a property is owned by two people who are husband and wife it will pass to the survivor unless it says in the deed it was as tenants in common if they are not husband and wife and own the property individually it would need to say with right of survivorship in order to pass to the survivor and avoid probate.
Also if the property were in trust that may minimize the probate although it would not neccesarily avoid it. In order to shorten the creditor period to the longer of 30 days after date of service or 3 months after publication a probate would need to be opened. Although if there were no property actually in the estate or it were less than $75,000 a Summary Probate summary probate could be used.
Great post.
Thanks
Posted by: Memory Loss Care | April 26, 2011 at 03:15 AM