Use of property during probate
Posted date : May 12, 2021.
We have been told that, if we do not have a Florida state will and power of attorney, if one or both of us passes away the property would go to probate and be costly and time-consuming to resolve. Can you tell me if the property can be used by the survivor or heirs while probate is resolved? Can it be rented during that time to a third party?
Ed.: If the title to the property is in joint names and one person passes away, the title to the property will go the survivor without the need for probate. The survivor would immediately become the owner upon the death and can act as such. If title is in one name and that person passes away, probate is necessary and the property is considered “estate property” until it is conveyed to its eventual owner. The executor of the estate is in charge and can rent the property or permit use by whomever, as part of the administration of the estate.