Can a House be Sold During Probate in Florida?
When a loved one passes away, there is often confusion surrounding whether the deceased’s house must go through probate. In Florida, the law allows designated heirs and/or the executor to sell the property even before probate is completed.
Understanding the Probate Process for a House in Florida
The executor, also known as the personal representative of the estate, holds the authority to contact a realtor and list the property for sale or sell it independently. It is advisable to have the real estate appraised, as some judges may require the property to be listed and sold at its market value. Although the executor manages the sale, the proceeds may need to be divided among all relevant heirs, subject to their agreement on the sale terms. In cases where no known relatives or heirs exist, the court may authorize the house’s sale while attempting to locate any distant relatives.
Duration of Probate for a House in Florida
Changing the title of a deceased person’s home during probate can take up to five months, depending on the specific circumstances and market conditions. The sale proceeds are held in escrow by the court until all creditors’ claims are settled, typically within a three-month period. However, the new owner may take possession of the house during this time.
Mortgage Payments During Probate in Florida
During the probate process and while attempting to sell the home, the responsibility of making mortgage payments falls on the family of the deceased, usually the executor of the estate. It is essential to keep mortgage payments current to avoid potential foreclosure proceedings by the lender.
Contrary to popular belief, a house in Florida can be sold while it is still in probate. The executor or personal representative of the estate holds the authority to manage the sale, ensuring the property is listed at market value and proceeds are divided among applicable heirs. However, it is crucial to promptly make mortgage payments during probate to prevent foreclosure proceedings. To navigate the complexities of selling a house during probate, seeking legal guidance and support is advisable.
