Ask Me Help Desk - Estate and Quitclaim Deed

My deceased parents willed their Florida condo to an Estate, of which, my sister and I are co-executors. The Estate is currently in Florida probate. One executor wishes to quitclaim the condo deed to the other. The Will/Estate is uncontested.

Local law firm wants to charge $2,500 plus expenses. Really?!

1. What is the required time an asset must remain in Florida Probate?

2. What happens if the co-executors wait out the duration of that required time?

3. Can a quitclaim deed be done without an attorney by just letting the probate expire?

The two year anniversary of our last parents' passing is January 2014.

FYI - The co-executors do not reside in the same state and neither resides in Florida so you can appreciate the logistics involved.

Thanks in advance.

Probate is a process that has no set time frame. What's required to end probate is the executor (actually called "personal representative" in Florida) settles all debts and distributes the remaining assets per terms of the will, provides an accounting of distribution of assets to all heirs, and files a request with the court the estate asking to be discharged as personal representative. Once the court issues that order probate is closed. If the condo has already been retitled in both your names there's no reason that you can't do the quit claim now - there's no need to wait for the estate to be closed.

Please clarify about the $2500 the lawyers want - is that to handle all the estate issues, or is this an additional fee they want just to help with the quit claim?

Quote:

Originally Posted by Angler7

Local law firm wants to charge $2,500 plus expenses. Really?!!

1. What is the required time an asset must remain in Florida Probate?

"733.702. Limitations on presentation of claims

(1) If not barred by s. 733.710, no claim or demand against the decedent's estate that arose before the death of the decedent, including claims of the state and any of its political subdivisions, even if the claims are unmatured, contingent, or unliquidated; no claim for funeral or burial expenses; no claim for personal property in the possession of the personal representative; and no claim for damages, including, but not limited to, an action founded on fraud or another wrongful act or omission of the decedent, is binding on the estate, on the personal representative, or on any beneficiary unless filed in the probate proceeding on or before the later of the date that is 3 months after the time of the first publication of the notice to creditors or, as to any creditor required to be served with a copy of the notice to creditors, 30 days after the date of service on the creditor, even though the personal representative has recognized the claim or demand by paying a part of it or interest on it or otherwise. The personal representative may settle in full any claim without the necessity of the claim being filed when the settlement has been approved by the interested persons.
..."

So, to answer your first question three months after publication of a notice to creditors.

What do you mean by "local" law firm? Local to Florida, or local to where you are?

Quote:

Originally Posted by Angler7

2. What happens if the co-executors wait out the duration of that required time?

3. Can a quitclaim deed be done without an attorney by just letting the probate expire?

Since Florida does not allow non-attorneys to file probate cases, you will need to hire a Florida attorney to file a probate case and then you can publish the notice to creditors. As noted, that will be when the "required time" starts.

Assuming this has happened, as Ebaines has noted, the "probate" still won't just "expire". You appear to have a confused idea about how the probate process works, as evidenced by your questions. For example, I very much doubt that your parents "willed their Florida condo to an Estate,". Their will or wills provided that the property will go to named heirs, presumably you and your sister. The estate (one for each parent) is a legal entity (represented by the "executors" or personal representatives) which is responsible to make this happen.

Quote:

Originally Posted by ebaines

... the executor (actually called "personal representative" in Florida) ...

Yes. To be precise:

"731.201. General definitions

Subject to additional definitions in subsequent chapters that are applicable to specific chapters or parts, and unless the context otherwise requires, in this code, in s. 409.9101, and in chapters 736, 738, 739, and 744, the term:
...
(28) “Personal representative” means the fiduciary appointed by the court to administer the estate and refers to what has been known as an administrator, administrator testamento annexo, administrator de bonis non, ancillary administrator, ancillary executor, or executor.
..."

If the $2,500 is to handle all of the probate, that is not a bad price.

Please be clear on what service is being provided.

Quote:

Originally Posted by Fr_Chuck

If the $2,500 is to handle all of the probate, that is not a bad price.
...

On the other hand, if it's just to prepare a deed, it would be a very bad price. Especially since, as discussed, a simple deed probably would not help.

Quote:

Originally Posted by AK lawyer

You appear to have a confused idea about how the probate process works, as evidenced by your questions. For example, I very much doubt that your parents "willed their Florida condo to an Estate,".

Beat me to it. An estate is a legal entity that holds the assets of a deceased person until it is distributed to the heirs. So you don't will something to an estate.