If you have ever inherited a home, you know how much stress it can be. Florida has the exception to the rule when it comes to filing probate.
More than likely you will need to file Probate. Unless the homeowners took care of the needs of this home by having a Trust, Will or had a personal Attorney. I have had my share of just this type of transaction to work with. They could take 3-9 months and the property needs to be maintained as usual during that period.
While working with a seller who listed her home with me in a West Palm Beach community. After doing my market evaluation and knowing the community we placed the home on the market and had a buyer pretty quickly. Then there was tragedy. Her fiance passed away in his bed at home. His home just happened to be in the same West Palm Beach community in Florida. This seller kindly gave my contact information to his three daughters.
The three sisters were devastated. Once they could handle the thought of dealing with the funeral then the attorney for the will they moved forward. They wanted to sell the Florida house and divide the proceeds between them. That was fine, they were all on the same page. I advised them of the market and how long it would take to sell. Neither the 3 ladies or their attorney were aware that Probate needed to be filed in Florida. The man died in Florida but his primary residence was not in Florida.
Due to past experiences, I was able to assist with several Probate Attorneys that could assist them. Here is some actual verbiage only the names of the father and sisters have been removed.
By way of introduction, our law firm is handling the probate administration for the Estate of … Your office will be closing the above-referenced property on or before September 7, 2017. Our office will be submitting a Petition and Order to Sell Property to the probate court in the coming days, and will provide you with a copy of the Order once it has been signed by the Judge for your records.
By copy of this e-mail, I am requesting the personal representative, to advise on when we should receive her signed documents. I already have the documents. The closing was held up until the Probate was finished.
Personal Representative ( what’s that?) that would be the Executor . This story is very involved and quite lengthy. This is the short version. In the end the new buyers moved in they were happy. The sisters still miss their father.
Here’s the point. If you loose a loved one, find out as soon as possible about probate. Contracting a Florida Probate Attorney could be best if your not sure what to do.
As always to keep this article short, feel free to contact me for all questions pertaining to your Real Estate needs.