Real Estate Litigation Lawyer in Florida

Whether jointly owned Florida real estate must go through probate depends entirely on the specific form of co-ownership. If the property is held as Tenancy by the Entirety (exclusively for married couples) or Joint Tenants with Right of Survivorship (JTWROS), it bypasses probate. In these arrangements, the deceased owner’s interest automatically vests in the surviving co-owner(s) by operation of law. For a married couple holding property as Tenancy by the Entirety, the surviving spouse becomes the sole owner without court involvement. Similarly, for JTWROS, a certified copy of the death certificate is usually all that is needed to clear the title record. However, if the real estate is held as Tenants in Common, the deceased person’s proportional share must go through the Florida probate process. The deceased tenant in common’s share does not automatically pass to the surviving co-owners but instead passes according to their will or Florida’s intestacy laws. Therefore, the specific vesting language on the deed is the critical factor in determining if probate is necessary for jointly owned property.

Yes, an “interested person” in a Florida probate case can legally file a claim or objection to stop a property sale, but the success depends on the circumstances. Under Florida Statute §733.613(1), if the will does not grant the Personal Representative (PR) the specific power to sell the real estate, the PR must petition the court for authorization. Interested parties, such as beneficiaries and heirs, must be given notice of this petition and have the opportunity to object. A successful objection typically argues that the sale is not in the best interest of the estate, perhaps due to an inadequate price or lack of necessity. If the PR does have a power of sale specified in the will, they can generally sell the property without prior court approval or a showing of necessity, making it much harder to stop. However, a beneficiary could still petition the court to revoke the PR’s Letters of Administration if they are committing fraud, mismanaging the estate, or acting with a conflict of interest under Florida Statute §733.608. Additionally, Florida’s constitutional homestead protections can sometimes block the sale of a decedent’s primary residence without the consent of all inheriting heirs. Ultimately, a formal objection must be filed with the probate court, usually with the assistance of an attorney.

In Florida, the Personal Representative (PR) can often sell non-homestead property without the explicit consent of all heirs, depending on the will’s terms. If the decedent’s will grants the PR a general or specific “power of sale,” then under Florida Statute §733.613(2), court authorization is not required for the sale. This provision allows the PR to sell the property to manage the estate, such as paying debts or facilitating equal distribution to beneficiaries. Conversely, if the decedent died without a will (intestate) or the will does not contain a power of sale, the PR must obtain a court order to sell the property. In this court-supervised scenario, all interested parties, including heirs, must be given notice and have the right to object to the sale. A critical exception is homestead property—the decedent’s primary residence—which often transfers directly to the heirs outside of general probate administration. For homestead, the PR generally cannot sell it unless the will specifically directs the sale, or unless all heirs who inherited the property consent. The PR must always act reasonably and in the best financial interest of all beneficiaries, regardless of whether a formal consent is required. Therefore, an heir’s ability to stop a sale depends on whether the property is homestead and the precise language of the will.

As an heir in Florida, you are generally not personally liable for the deceased person’s mortgage or property taxes. These financial obligations are debts of the decedent’s estate, which must be managed and paid by the court-appointed Personal Representative (PR). During the probate process, the PR is responsible for using estate assets to pay all valid debts, including delinquent property taxes. Property taxes are classified as a priority debt, meaning they must be paid before most other creditors receive payment. However, a mortgage is a secured debt that remains attached to the property, not the heir personally, under Florida law. If the property is to be kept, the heir must assume the mortgage payments or satisfy the loan to prevent the lender from foreclosing. Conversely, if property taxes become due after the property is officially transferred to the heir, the heir then assumes responsibility for all future tax payments. Therefore, your personal liability is limited unless you co-signed the original loan or fail to pay new obligations after receiving the title.