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Probate Commonly Asked Questions in Florida:
We are not attorneys, but from our experience purchasing many properties that had to go through Probate, we gathered a lot of useful information that may help you sell your property faster and/or get the Probate process done faster. Below are a few questions that we get asked frequently. If you have any other questions, please feel free to give us a call and we’ll be happy to share what we know with you. I hope this helps…
Can Real Estate assets in Florida be sold before the Probate is finalized?
- Formal Administration – Once the PR (Personal Representative) is appointed they have the authority to sell, but the judge will have to sign an order authorizing the sale. This usually takes about 3-6 weeks. Most attorneys would not do that unless they are specifically requested by their clients, so if that’s the case for you, make sure to ask your attorney about this option.
- Summary Administration – Since there is no PR, the asset can not be sold before the Probate is finished (when the judge signs the order for Summary Administration). Summary Administrations usually take 3-4 weeks if done correctly but can sometimes take longer (even up to 2+ months).
Can an Attorney expedite the Summary Administration Probate process in FL?
- Yes, with an ex-parte hearing (meaning that the attorney goes in person in front of the judge). It is common that Probate Attorneys file the paperwork electronically or in the mail. The file can sit a significant amount of time with the clerks. Whereas, with an ex-parte hearing being scheduled, the files are transferred to the judge’s assistant which expedites the process a great deal.
What happens to the proceeds of the sale if the property is sold before Probate is completed in FL?
- If the notice to creditors has already been filed and the 90 days have passed, then the money can go directly to the heirs or the PR. If the 90 days have not passed, then the funds from the sale will need to be held in either a court restricted account or the petitioning attorney’s account until the 90 days are over, and then it can be disbursed to the heirs.
What role does a Will play in a Probate in Florida?
- Summary Administration – Even if there is a Will, it still needs to go through the process and the judge still has to sign the order of Summary Administration.
- Formal Administration – In Broward county, if there is a Will, as soon as the PR is appointed, they can sell immediately without an order from the court. In Miami-Dade county, the PR would still need an order from the judge authorizing the sale.
Sell My House in Florida
If you think you need to sell your house in Florida fast, then you may need us. We are homebuyers in Florida, and we can help you have a stress-free sale by buying your property directly from you. For more information or if you have any questions feel free to give us a call at (954) 280-7970 or fill out the online form and we will get in touch with you within 48 hours.