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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 101572
Experience:  Fully licensed attorney in Texas in private practice.
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does a house get tied up in red tape if a person dies whose

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does a house get tied up in red tape if a person dies whose name the house is in but the spouse is still alive but their name is XXXXX XXXXX the house ?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is yes, it does. This is because the person who is still living in the home has no "title" to the home.

This is why probate is important. When someone passes away, then their estate has to be distributed. The problem is that without probate - with assets such as titled property or bank accounts - this is hard to do. This is because you cannot switch over the assets without an order from the probate court, and simply a Certificate of Death will not do. A Certificate of Death simply states that someone has passed on, but does not give you the right to really do anything in the deceased's name.

So one files probate. Once probate is filed, the Executor of the estate gets something called a Letter of Testament/Administration (hereinafter "Letter"). This Letter will allow the Executor to switch over the assets from the deceased individual to whoever will own the property. It is like a "Power of Attorney," but from the Court. Without that Letter, there is no way to transfer titled property and switch the assets into the beneficiaries' hands.

I hope this helps and clarifies. Good luck.

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Customer: replied 3 years ago.

so a will would make things go more quickly but if there is no will then probate would get the job done in reguards to getting the house to the spouse eventually ? what kind of time frame does probate take if no parties are contesting or fighting about anything ? by the way this is in the state of florida.

so a will would make things go more quickly but if there is no will then probate would get the job done in reguards to getting the house to the spouse eventually ?

It does not matter if there is a WILL or not per se. If there is no will, then the property is distributed per default rules of succession per state law (see here for Florida). If there is a WILL, the WILL can amend the default rules of succession and give the property to someone else.

Regardless, it would be filed through probate.

what kind of time frame does probate take if no parties are contesting or fighting about anything ?

Without contest, about 2-5 months is average.

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