Can I Sell My Inherited House In Florida Probate?
WHAT IS PROBATE?
Probate is a court-supervised legal process for identifying and gathering the assets of a deceased person (decedent), paying the decedent’s debts and distributing the decedent’s assets (owned in the decedent’s sole name at death, or that were owned with one or more co-owners and lacked a provision for automatic succession of ownership at death) to his or her beneficiaries.
The purpose of probate is to prevent fraud after someone’s death. In general, it’s a way to freeze the estate of the decedent until a judge determines that a Will (legal document setting out who will be beneficiaries of the estate, how and when they receive their inheritance) is valid, that all the relevant people have been notified, that all the property in the estate has been identified and appraised, that the outstanding creditors have been paid, that all the income and estate taxes due have been paid, and then the remainder is distributed to the decedent’s beneficiaries.
There are two types of probate administration under Florida law: Summary Administration and Formal Administration. If the value of the estate is more than $75,000 it doesn’t qualify for the simpler and shorter summary administration (does not require a personal representative), and a more complicated and lengthy formal administration will be necessary. However, if the decedent has passed away over two years and the estate subject to Florida probate has yet to be probated, then a summary administration is available regardless of the estate’s value.
There is also a non-court supervised administration proceeding called “Disposition of Personal Property Without Administration”. This type of administration applies only in limited circumstances. Only when there is no real estate and the assets are either exempt from creditors or don’t exceed the amount of final expenses.
THE PROBATE PROCESS?
These proceedings begin when the executor(male) or executrix(female) nominated in the will, or another interested party, asks the circuit court to be appointed as personal representative of the estate. A personal representative should always engage a qualified probate attorney to assist in the administration of the decedent’s probate estate. Many legal issues arise, even in the simplest probate estate administration, and most of these issues will be new and unfamiliar to non-attorneys.
Normally, the probate proceeding takes place with the clerk of the circuit court in the county where the deceased person was living at the time of death. Beneficiaries and heirs (people who are related to the decedent and would inherit in the absence of a valid will) are given notice, so they have a chance to object. If there’s a will, it must be filed with the court and proven valid or it will be ineffective to pass ownership of probate assets. Usually the estate’s executor/executrix or an heir will file a Petition for Summary Administration with the county probate court. The court judge will review the petition and issue a document called Letters of Administration or Order of Summary of Administration, releasing the decedent’s property to the estate’s beneficiaries and gives the personal representative authority to settle the estate.
Under the court’s supervision, the personal representative gathers and inventories assets, pays debts and taxes, and (eventually) distributes what’s left to the people who inherit it. The personal representative must submit a final accounting to the court, showing what the estate contained, how the assets have been managed, and the plan for distributing them to beneficiaries. Anyone who objects to the accounting can object in court.
After everything has been distributed, the personal representative files evidence (receipts) with the court, and asks that the estate be closed. The court issues an order closing the estate and relieving the personal representative of any further responsibilities. Typically, the whole process takes about six months to a year.
HOW CAN WE HELP?
Inheriting a house is a huge process in a person’s life. Especially, since most times this is a house that you didn’t expect to own and in a city that you most likely don’t live in. For most people who gain possession of an unwanted property through probate, this is often an overwhelming situation. Many times there are complicated issues having to do with title, the will and multiple heirs, property condition and a multitude of other predicaments that can make the process a stressful and puzzling dilemma for the personal representative. Rest assured that with our expertise and buying power we will help solve your real estate concerns confidentially, quickly and conveniently, which many times houses in probate will require due to the sensitive timing to settle the estate. We buy inherited houses fast just like yours for cash, and have extensive experience to walk you through this strenuous process step by step.
In many cases, those who inherit a property simply have their own lives that are too busy to take the time to do all of things that typically need to be done to prepare a house to sell on the retail market. Often times a realtor can’t even sell your inherited house fast enough as the traditional retail buyers can tie up a home for weeks or months and then have to back out of the deal right before closing because their mortgage bank loan fell through. Which many times, the probate estate just can’t wait for when the bills, taxes, property maintenance, and probate plus attorney fees keep adding up. In those cases, a cash home buyer is the best possible outcome. With a qualified cash buyer like ourselves, you will be able to rid yourself of the headache house as soon as you receive your authorization from the county probate court.
An inherited home is never easy to deal with, which is why we make the process a lot easier with the services that we provide. Best of all, you don’t have to do any cleaning or any repairs to the property, no lengthy tenant eviction, and you don’t even need an inspection since we buy the house in the as-is condition. Just get your cash quickly, often within 10 days or less, and move on with your life! By selling to us you don’t have to pay any real estate agent commissions, additional fees or closing costs.
We work directly with you, as the personal representative of an estate, to ensure any apprehensions you may have are clarified and eliminated as we proceed through the buying process. We make it very easy to sell your inherited property to us and relieve you from this burdensome situation, so you can move on free from this hardship that has been weighing you down. You can get more information on Florida probate at the Florida Courts website which has some additional information you can reference. However, if you would like a quick and fair all cash offer for your inherited property or just want to speak to us directly to find out exactly how we can help, please feel free to call us today at 954-983-6600 or fill out the short form below to start the process.
If you want to sell your house, just fill out the quick form below. Or give us a call right now at (877) 983-6600.
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So Who Are We?
Florida Properties Group, Inc. is the Florida area’s most respected house buying service. We are a highly experienced home buying team that is focused on helping homeowners like you to sell your house fast, without any hassle, games, or fees, and we’re committed to delivering this service with transparency and integrity throughout the entire experience.
We buy houses all over the country, including Florida and surrounding areas. We know the area, which means our home buying team can help you sell your house fast no matter where it is or what condition it’s in (and even if there are tenants).
Again, we’re not agents who are trying to sell your house to others. We are professional house buyers, which means we have our own cash and are ready to buy. We can even make you an offer on the spot. Once we make you an offer you can choose whether or not you want to take that offer (and you can even shop it around if you want, talk it over with others, and think about it before deciding). We have a strict no-pressure policy, and our many previous clients love it and are proof that it works.
Can I stop or avoid foreclosure by selling my house?
Yes, in many cases. When you sell your house it stops foreclosure and may help save your credit. Download our “How To Stop Foreclosure” free report for more information.
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