How Do I Transfer Real Estate of Deceased Relative in Lee County, Florida? ( Probate, Will, Trust, Decedent, Real Estate, Attorney, Lawyer, Cape Coral, Fort Myers, Bonita, Lee, Collier, Florida )
Was the relative a “resident” of Florida? If so, the real estate could be “homestead” property and transferred to the surviving spouse or heirs without probate. Depending upon the amount of assets in the name of the decedent at the date of death, probate may be required. If the decedent was domiciled in Lee County and all family members reside out of state; the individual with preference to act as Personal Representative may be appointed in Florida as a foreign PR if he or she qualifies. Florida law prevents individuals who have been convicted of a felony from acting as a Personal Representative. If the decedent was domiciled outside of Florida; a domiciliary probate proceeding may be brought in the residence state and an ancillary administration may be brought in Florida to transfer assets and pay creditors in Florida. Florida Statute 734.1025 provides a simple administration procedure for ancillary estates with less than $50,000.00 in assets in Florida.
