The Short Answer

In Florida, you may be able to transfer a parent’s house to the siblings without a full formal probate case, but it depends on how the property was titled and whether it qualifies as protected homestead. If the home was Florida homestead and passes to heirs, it often transfers outside the probate estate—though families frequently still need a court order (or a streamlined probate) to clear title for sale or refinancing.

What Florida Law Says

Florida has streamlined probate options that can avoid a lengthy formal administration in many estates. For real estate, the most common “probate-avoidance” path is either (1) the home passes by operation of law (for example, survivorship deed), or (2) the home is protected homestead that passes directly to heirs—often paired with a court filing to confirm who owns it for title purposes. If the home is not homestead (or there are other probate assets), families often use summary administration when eligible.

The Statute

The primary law governing a simplified probate transfer in Florida is Fla. Stat. § 735.201.

This statute allows summary administration when the estate subject to administration (excluding exempt property) does not exceed $75,000, or when the decedent has been dead for more than 2 years—often enabling a court order that transfers assets (including real property) to the heirs without a full formal probate.

Related statute: Fla. Stat. § 735.206 explains the effect of an order of summary administration and distribution (i.e., it authorizes transfers to the people entitled to receive them).

If you’re trying to transfer only personal property (not a house), Florida also has “disposition without administration,” but that process generally does not transfer real estate. See Fla. Stat. § 735.301.

For additional background, you may find these helpful: Florida’s small estate probate options and when an inherited house may not be a probate asset.

Why You Should Speak with an Attorney

Even when your goal is “avoid probate,” the real issue is usually clean, insurable title—so the siblings can sell, refinance, or buy each other out without future claims. Legal outcomes often depend on:

• Strict Deadlines: Summary administration eligibility can change based on timing (including the “more than 2 years since death” rule in Fla. Stat. § 735.201) and creditor issues that can affect distribution.
• Burden of Proof: You may need evidence of how title was held (deed language), who the legal heirs are, whether there’s a will, and whether the property qualifies for special treatment (such as homestead) to satisfy the court and the title company.
• Exceptions: A surviving spouse, minor children, unknown heirs, Medicaid/estate recovery concerns, liens, or disputes among siblings can change the required process and whether a “simple transfer” is legally safe.

Trying to handle this alone can lead to a deed that doesn’t fix title, delays in closing a sale, or personal liability if creditor notice requirements are missed in a summary administration filing.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.