How Do I Retitle My Mom's Home Which She Left To Me When She Died?


by Admin

As long as the home was your mom's legal homestead and it is going to a legal heir, it is exempt from all creditors (including Medicaid) and therefore, regardless of its value will qualify for a summary administration in Florida. Summary administration is an abbreviated probate proceeding reserved for decedents with assets less than $75,000 (the homestead is not counted in this calculation because the homestead exemption is unlimited--i.e. can be worth anything) and no debts, or for decedents who died over 2 years ago. In this situation, I would proceed with a summary administration and a petition to determine homestead.  The resulting orders will state that the property now belongs to you (or to whomever your mom devised the property) and once the order is recorded, it will act like a deed transferring title to the property. Once the property is retitled in your name, you may sell the property or do whatever you like with the home.

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