PROBATE

Are you at a crossroads where you are trying to decide what to do with an inherited property? This process can be a lot less stressful and easier to handle than you think. We want to help you come up with the best solution for yourself and everyone involved. It is extremely important to us to help our clients understand that there are many options when inheriting a property through the probate process. Our goal is to help you fit the missing pieces into the probate puzzle when it comes to making decisions on your property. 

What is probate? 

Probate is a court-supervised process that identifies and compiles the assets of a deceased individual (decedent), pays the individual’s remaining debts and distributes the remaining assets of the estate to his or her beneficiaries. In most circumstances, the decedent’s assets are first used to pay the fees accumulated during the probate proceeding and the decedent’s outstanding debts before distributing the remaining to the beneficiaries.      

Do I need to hire an attorney for Florida probate? 

Yes, almost every case in Florida will require you to hire a Florida probate attorney. Exceptional cases such as those of a decedent who dies with assets of minimal value (very small estates) and those in which the executor is the sole beneficiary do not require a formal process with a probate attorney in Florida. Although hiring an attorney may not be required, it is highly recommended to do so considering the complex requirements of Florida’s system. Executors cannot count on the court clerk’s office to guide them in meeting certain specifications and wording in required documents throughout the process.  

Can I sell real property during the probate administration? 

If you are identified as the personal representative of an estate, you have the right to sell the property; however, there are some instances in which the Florida probate statute requires the executor to get a court order before the property in probate administration can be sold. 

 A Florida court order may be required in order to pass title to real estate if: (1) the estate does not have a will (intestate), or (2) the will does not grant the personal representative specific power to sell the estate property. 

What are my options? 

Inherited properties come in many conditions; some properties are well-maintained while others may require a bit more attention. The first step is to identify whether you want to list your property on the market or accept a cash offer in ‘as is’ condition without going through the listing process. With our services, we can help you make an educated decision on what you think is best.

I want to sell my house without listing it. 

If you feel that moving quickly with the property is the right choice for you, we will perform a home valuation and provide a cash offer to you on the same day. We understand that inheriting a property can be overwhelming because it is time-consuming, costly, and stressful. In addition to providing an offer for the property in ‘as is’ condition, we offer miscellaneous services to assist in clearing out possessions from the home. 

I want to list my house but it is not in “market ready” condition. 

If you decide that you want to list your property but you think that it needs a “fixing up” before putting it on the market, we have multiple resources in place to perform anything from small cosmetic fixes to large renovations. Our goal is to ensure that you receive top dollar for your home.   

I want to list my house but I do not have a realtor.

Our team has a licensed realtor with a background in listing properties that are going through the probate process. We can help you get it on the market as soon as today.      

Our extensive experience has allowed us to build relationships with many important teams such as title companies and law offices. In addition to our expertise in real estate, we are well acquainted with the legal procedures and formalities involved in working with an inherited property. Our team takes these factors into consideration when educating our clients and working to find the best possible solution for all those involved.