Understanding your real estate options going through probate

Probate is simply the legal process that settles a deceased person’s debts and formally passes their property’s legal title to the intended heirs. That is, of course, if there is a will to properly identify the intended recipients.


However, if the homeowner to passes away without officially naming who will receive their property, the state steps in to administer the sale of the home through a special probate court.

This is a very good time to contact Florida Real Estate Options.   We can remove the emotional stress in such situations.  We will provide you with a market value assessment and inventory all contents of the residence.  This is critical in maintaining the unity of the decedents.

That’s why we provide you with all of available options, whether to sell, rent or take up residence.

At every step of the way, we are there to assist.

How long does probate take?

Before the process can begin, a grant of probate must be given to the individual tasked with administering the estate and handling the disposal of their assets and debts.

Once probate is officially granted, the process moves forward much like a traditional sale.  Because the length of grant of probate varies from state to state, it is not uncommon for the process to take months.

How long after an offer has been received, does it take to complete the sale?

Once an offer has been accepted, the attorney handling the negotiations has to petition the court to approve the sale.  As you may expect, courts move at their own pace; expect to wait an additional 30-45 (or even longer) before you can claim your home in court.  At the very least, selling probate real estate is a very lengthy process. Even the most basic steps in the process need to be given careful attention to make sure that nothing gets by either party.

What assets are exempt from probate in Florida?

Assets exempt from probate include home furnishings in the main residence, up to $20,000 in value; two motor vehicles if in the decedent’s name and were used regularly (each not weighing more than 15,000 pounds); tuition programs that are qualified under the IRS Code, Section 529; and some types of educator death benefits.

Who is exempt from probate in Florida?

The surviving spouse or, if no surviving spouse, then the children of the decedent.

At Florida Real Estate Options, we realize that life can come at you fast. We have gone through it ourselves and stand ready to help you and your family.

Call Us Today To Schedule A Free Consultation

Includes a free market analysis should you wish to sell.

Plus a FREE property evaluation identifying the steps and potential expenses required to prepare your property to sell, rent or keep.