Real Estate Title Issues That Delay Probate, and How to Fix Them Now

When someone passes away owning real estate in Florida, title problems can stall probate, and with it, your family’s ability to sell, transfer, or manage the property. In many cases, these issues aren’t discovered until a closing is already underway. For heirs and personal representatives, that delay can mean lost time, money, and peace of mind.

As a probate attorney serving Sarasota and the surrounding areas, I often work with families trying to resolve these unexpected real estate challenges. The good news is that most of them are entirely preventable with the right estate planning.

The Problem: Real Estate Titled Only in the Decedent’s Name

One of the most common causes of delay is when a property title is held solely in the name of the deceased person. Without a co-owner or beneficiary designation, the property becomes part of the probate estate, and no one can transfer or sell it until the probate process is complete.

This becomes especially complicated when:

There’s a pending sale or buyer already under contract
The family is facing ongoing property taxes, insurance, or maintenance costs
The estate must go through formal administration due to asset value

If the title isn’t clear, probate can’t proceed quickly, even if there’s a will.

Learn more about Formal Probate Administration in Florida »

Why the Lack of a Beneficiary Deed or Joint Owner Causes Delays

In Florida, we do not have Transfer-on-Death (TOD) deeds like some other states. However, you can still use strategies such as:

Joint tenancy with rights of survivorship
Enhanced life estate deeds (Lady Bird Deeds)
Revocable living trusts

If none of these apply and the real estate is titled solely in the decedent’s name, the property must go through probate before any transfer can occur.

This lack of planning is particularly problematic for:

Out-of-state heirs unfamiliar with Florida probate law
Vacation homes or second properties that were never retitled
Unmarried couples who own property together without legal survivorship rights

Title Issues Can Also Arise in Ancillary Probate

If the decedent lived in another state but owned Florida property, their estate may need to go through ancillary probate in Florida, regardless of whether probate is already open in their home state.

This can add another layer of delay, cost, and confusion if titles are not properly coordinated in advance.

Learn more about Ancillary Probate in Florida »

How to Fix Title Problems Before They Start

Preventing delays in real estate probate starts with estate planning while the owner is still living. Options include:

Retitling the property into a revocable living trust, which allows direct transfer to heirs without probate
Using a Lady Bird Deed, which names beneficiaries while retaining full control during life
Avoiding sole ownership when it’s not necessary
Ensuring that estate documents reference real estate accurately, especially if there are multiple properties

By addressing title issues now, you can avoid delays, reduce costs, and give your loved ones peace of mind when the time comes.

What Happens If You Do Nothing?

Failing to address title issues can result in:

Probate delays of months or even years
Loss of interested buyers due to delayed closings
Increased legal fees to clear title or correct ownership
Ongoing property expenses during probate
Disputes among heirs over ownership, use, or sale

Final Thoughts: Don’t Wait Until Probate to Clean Up the Title

Probate doesn’t have to be slow or painful, but when real estate title issues go unresolved, it almost always is. If you own Florida property and want to ensure it passes smoothly to your loved ones, it’s important to plan ahead.

Need help with probate or real estate transfers in Florida?
Let’s talk about your options before a crisis hits.

Contact Bart Scovill, PLC »

Don’t let title issues haunt your heirs; get legal guidance now.

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This blog post is for general informational purposes only and does not constitute legal advice. Reading this article or contacting our office does not create an attorney-client relationship. Every legal situation is unique; you should consult with a qualified attorney regarding your individual circumstances. Nothing in this article should be considered tax advice. Our office does not provide tax advice, and you should consult with a qualified tax professional before taking any action that may have tax consequences.