Free Heirs' Property, Probate & Estate Planning Help in Palm Beach County
If your home was never legally transferred, is in a deceased family member's name, or you don't have a will or estate plan — Legal Aid Society may be able to help you at no cost. Serving all cities in Palm Beach County.
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Apply online or call to speak with our Heirs' Property team. No attorney fees for eligible residents.
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Is Your Home in a Deceased Family Member's Name? We Can Help Clear the Title.
Heirs' property refers to a home or land that has been inherited by family members — sometimes across multiple generations — without going through the legal process required to obtain clear, recorded title. It is one of the most common and consequential property problems in Palm Beach County communities.
Paying property taxes or living in an inherited home does not give you legal ownership. Without clear title, you cannot legally sell, refinance, or protect the property — even if your family has lived there for decades.
Without clear title, heirs' property owners typically cannot:
- Sell the home or transfer it to another family member
- Refinance or access home equity
- Claim the homestead property tax exemption — a significant annual savings
- Access federal disaster relief or government loan programs
- Defend against a partition action, where a co-owner forces a court-ordered sale
How Legal Aid can help clear your title — for free:
- Guide you through the probate process to legally transfer ownership
- Draft Lady Bird deeds and other instruments to protect future title
- Resolve co-ownership disputes through legal means
- Review existing title records and identify all heirs with a legal interest
- Represent you in court proceedings when necessary
What Is Heirs' Property?
Heirs' property commonly refers to land or a home that has been inherited and/or is co-owned by family members, sometimes across generations, without having gone through the required legal process to obtain record title.
Without record title — often called "clear and marketable title" — owners cannot access the full wealth-building benefits of homeownership.
If you do not have an estate plan in place upon your passing, Florida law will determine who inherits your property. This can split ownership among multiple relatives, causing confusion, conflict, and vulnerability to forced sale.
Apply for Free Title HelpWhat Happens Without Probate?
When someone dies, their home does not automatically transfer to family members unless it was jointly owned or had a legal instrument — like a trust, Lady Bird deed, or beneficiary designation — already attached.
Without probate or a proper estate plan, the property remains legally in the deceased person's name. This leaves heirs unable to sell, refinance, or access the homestead exemption, and vulnerable to creditor claims and family disputes.
Probate is not as complicated as it sounds — and with Legal Aid's help, it costs nothing in attorney fees.
Apply for Free Probate HelpFree Probate Help for Palm Beach County Families
Probate is the court-supervised legal process used to transfer a deceased person's assets — including their home — to their heirs or beneficiaries. The court ensures debts are paid and property is legally passed to the right people.
If the person who passed away did not have an estate plan and owned a home or other assets in their name only, probate is likely necessary before the property can be legally transferred, sold, or refinanced.
Legal Aid Society of Palm Beach County provides free probate assistance to eligible residents, including:
- Guiding you through the full probate process in Florida
- Resolving heirs' property title disputes through the courts
- Helping out-of-state heirs participate in Florida probate remotely
- Assisting even if you have already started probate on your own
- Advising on mortgage transfer and creditor issues affecting the estate
Legal Aid does not charge attorney fees. There may be court filing fees — and in some cases, those fees can be waived based on income.
Free Wills, Powers of Attorney & More for Palm Beach County Homeowners
Estate planning is about making sure your home and assets go to the people you choose — without unnecessary cost, delay, or family conflict. Legal Aid prepares these documents for free for eligible Palm Beach County homeowners.
Last Will and Testament
A legally valid will lets you specify exactly who should inherit your property and assets when you pass away. It can also name a guardian for minor children and a personal representative to carry out your wishes — and prevents Florida's intestate succession laws from making those decisions for you.
Lady Bird Deed (Enhanced Life Estate Deed)
A Lady Bird deed allows your home to transfer automatically to a person of your choice at your death — without going through the probate process. During your lifetime, you keep full ownership and the right to sell or mortgage the property. It is one of the most powerful estate planning tools for Florida homeowners.
Durable Power of Attorney
A power of attorney lets you choose someone you trust to manage your financial affairs if you become unable to do so — including paying bills, handling banking, and managing property. A durable power of attorney remains effective even if you become incapacitated.
Healthcare Surrogate Designation
A healthcare surrogate form lets you name someone to make medical decisions on your behalf if you are unable to communicate your wishes. This person can speak with your doctors, access your records, and ensure your treatment preferences are followed.
Living Will (Advance Directive)
A living will — also called an advance directive — is a legal document that outlines your wishes for end-of-life medical care, such as life support or resuscitation. It helps your family and healthcare providers honor your choices when you cannot speak for yourself.
All documents prepared by licensed attorneys at no charge to eligible homeowners.
Apply for Free Estate PlanningThe Heirs' Property Project is generously funded by
Who Qualifies for Free Legal Help?
Eligibility varies by service type. All programs require a financial eligibility review during intake — you will be notified of your eligibility as part of the application process.
🏠 Estate Planning Help
You must be a homeowner in Palm Beach County seeking help with documents such as wills, powers of attorney, or advance directives.
Financial eligibility guidelines apply and will be reviewed during intake.
⚖️ Probate Assistance
You must be a resident of Palm Beach County or an heir with a legal interest in a property located in Palm Beach County.
Out-of-state heirs may qualify if the property is located in Palm Beach County. Financial eligibility applies.
📍 Heirs' Property & Title Clearing
The property must be located within eligible census tracts in Palm Beach County as designated by the Federal Financial Institutions Examination Council.
Financial eligibility applies. Most low-to-moderate income neighborhoods in Palm Beach County are within eligible tracts.
Check whether your property qualifies for Heirs' Property assistance. Use the Palm Beach County interactive mapping tool — eligible properties will appear within a purple-shaded area. If you're not sure, apply anyway — our team will confirm eligibility during intake.
Open the Palm Beach County Heirs' Property Eligibility Map →
Not sure if you qualify? Apply online — our team will review your situation.
Apply Online Call 561-655-8944 ext. 167Frequently Asked Questions About Heirs' Property & Probate
Below are the questions we hear most often. If you don't see your question here, call us or submit an application — our team can review your specific situation.
Still Have Questions?
Our Heirs' Property team is available Monday through Friday during office hours. Apply online or call — there is no obligation and no cost to speak with us.
Apply for Free Help Call 561-655-8944 ext. 167What is heirs' property and how does it affect my home?
Heirs' property refers to a home or land inherited by family members — sometimes across generations — without going through the required legal process to record clear title. Without clear title, you cannot sell, refinance, or access the homestead property tax exemption. You are also at risk if a co-owner files a partition action to force a sale of the property.
How do I clear the title on an inherited home in Florida?
Clearing title typically requires completing the probate process, which legally transfers ownership from the deceased to the rightful heirs. In some situations, a quiet title action or another legal process may be needed. Legal Aid Society can help eligible Palm Beach County homeowners clear title at no attorney cost. Apply at legalaidpbc.org/heirsintake or call 561-655-8944 ext. 167.
Can I get a free will or power of attorney through Legal Aid?
Yes. Legal Aid Society offers free estate planning services — including wills, powers of attorney, living wills, healthcare surrogate designations, and Lady Bird deeds — to eligible Palm Beach County homeowners. You must be a homeowner in Palm Beach County and meet financial eligibility guidelines reviewed during intake.
What is Probate?
Probate is a court-supervised legal process used to transfer a deceased person's assets — like a home — to their heirs or beneficiaries. The court ensures debts are paid and property is legally passed on. It is required when someone dies without a will and owned assets solely in their name.
What happens when a family member passes away without a will?
When someone dies, their assets don't automatically go to your family unless they were jointly owned or there's a legal instrument — such as a trust, Lady Bird deed, or beneficiary designation — associated with those assets. Without an estate plan, the property goes through the probate process and Florida's intestate succession laws determine who inherits. This can result in ownership being split among many relatives, creating conflict and making the property harder to manage or sell.
Do I need to file for Probate?
If the deceased did not have an estate plan and owned a home or other assets in their name only, probate is likely necessary to legally transfer ownership to heirs. Without it, the title remains in the deceased person's name, preventing you from selling, refinancing, or protecting the property.
I have been living in the house and paying taxes. Am I the legal owner?
No. Paying property taxes or living in the home does not automatically give you legal ownership. Probate may still be needed to update the recorded title of the property. Without legal title, you cannot sell, refinance, or access the homestead tax exemption — even if you have been caring for the property for years.
Do I have to notify all family members about the probate?
Yes. Florida probate law requires that all heirs — meaning anyone with an ownership interest in the property — and other interested parties be notified of the probate proceedings, even if you have been living in the home or managing expenses. This includes creditors who may have a claim against the estate.
Who qualifies to have an interest in the home?
Anyone who is a legal heir under Florida law, or someone named in a will, may have a legal interest. This usually includes spouses, children, and sometimes siblings or other relatives if no closer heirs exist. Creditors seeking repayment from the estate are also considered interested parties.
How do I find out who currently has the legal title to the home?
You can search public records through the Palm Beach County Property Appraiser's Office or the Palm Beach County Clerk of the Circuit Court. Legal Aid Society can also help you review the title, identify all heirs with a legal interest, and advise on the steps needed to clear the title.
Do we have to sell the property?
No — not necessarily. You may be able to keep the property, transfer it to one heir, or reach a family agreement on the best outcome. Selling is one option but not the only one. Legal Aid can help you understand all of your options before any decisions are made.
What is a partition action and how do I avoid it?
A partition action is a court case in which one or more co-owners ask a judge to force the sale or physical division of a property when the owners cannot agree. A forced sale through partition often results in below-market prices and significant legal costs — meaning co-owners lose both the property and wealth. Legal Aid can help you resolve co-ownership disputes before a partition action is filed.
What if I live in a different state — can I still get help?
Yes. Out-of-state heirs with an interest in a Palm Beach County property may still qualify. Florida probate allows many actions to be handled remotely, and Legal Aid can guide you through the process from another state. Contact us to discuss your specific situation.
What happens if I die without a will in Florida?
If you die without a will, Florida's intestate succession laws determine who inherits your property — starting with your spouse and children, then other close relatives. This can lead to unintended outcomes, including ownership being divided among relatives who cannot agree on what to do with the home. A will ensures your wishes are followed and protects your family from conflict and cost.
How does a mortgage get transferred to heirs?
The mortgage does not automatically transfer when someone dies, but heirs who inherit the home can often continue making payments. Some lenders allow heirs to assume the mortgage under specific conditions. You should contact the lender promptly and seek legal advice to avoid foreclosure risks during the probate process.
What does it cost to get probate help from Legal Aid?
Legal Aid Society of Palm Beach County does not charge attorney fees for our services. There may be court filing fees associated with opening a probate case, but under limited circumstances, clients may be eligible for a court fee waiver based on income. Our team will explain any potential costs when you apply.
I already started the probate process. Can Legal Aid still help?
Yes. Even if you have already begun the probate process on your own, Legal Aid may still be able to assist. Please apply or call us to describe your situation — our team can assess where you are in the process and what help is available.
Don't Wait Until It's Too Late to Protect Your Home
Planning ahead — even a simple will or deed — can protect your home, keep it in your family, and prevent costly legal problems for the people you leave behind. Free help is available now.