Upon reviewing the deed, it should become apparent how the property can be transferred, either in or out of probate. If it is not clear, speak with our Fort Myers attorneys. We have dealt with complicated will contests regarding some of the most intricate wills around.

Some ways property can be transferred after a testator passes away include:

• Single owner: If the decedent was the only owner of the real estate property, it is relatively easy to transfer the property to whoever was named as an inheritor.
• Joint tenancy: Some deeds state that property is owned in joint tenancy, or by two people. When one owner passes away, the surviving owner will automatically have full ownership transferred to them.
• Spousal ownership: In some instances, probate can be avoided if the decedent has a surviving spouse that lives within the property. Tenants by the entirety rules can transfer sole ownership to the spouse without further probate processes.

If none of these options work for your property transfer case, the real estate may need to go through probate with everything else in the decedent’s estate. While this might not be the most convenient method, it is not an impassable obstacle.