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Probate on a house is intended to prove that the will outlines the last wishes of the deceased. If claims against the will arise they will be dealt with through the probate process.
Probate on a house is carried out through a probate court. This court determines if the will is valid. It also verifies the executor has the authority to carry out the wishes of the will. It also gives authority to the executor or inheritor to conduct the probate house sale process if desired.
Probate laws can vary amongst the different states, and there are different procedures in Hillsborough and Pinellas, along with other counties in Flordia, but usually have much in common.
There also can be some differences. It is important that real estate agents in Florida, or any other state, involved in this type of sale understand these laws.
It could be that it is the home that they grew up in. Now that the parents have passed there is no need for the individual who inherited it to keep a second home.
Still, having to sell the house can be difficult because of the emotional attachment. Then having to go through a probate case, which is a legal undertaking, adds to the stress.
During this time, it is important to be able to rely on the right professionals. They can walk you through the entire process with as little stress as possible. You will need a probate lawyer to handle the probate legalities.
Then you should also rely on a Realtor that has experience with probate house sales and understands the process.
If you prefer to sell the house quickly, you could get an offer from a local builder or investor.
The process of probate on a house determines the authority to handle the probate house sale process.
If there is a will then the probate courts determine the authority according to the will.
Without a will then it will be the person filing for probate, or an Administrator volunteer. During this process, those involved must deal with the person who has authority to sell, often in Florida this will be the Personal Representative of the estate.
First, the legalities regarding probate on a house are attended to. Then the selling of a house in probate is basically the same as any house sale.
The main focus has been on the title issues because of the owner’s death. Now standard sales issues have to be addressed if there are any. These include issues with easements and encroachments.
Or, there could be problems with encumbrances and mortgages that need to be dealt with.
Just like with any standard home sale any repairs that are needed should be attended to.
If this is not possible, then when determining the sale price this should be taken into consideration.
The need for repairs could become a concern during the home inspection. There is a lot to be considered with the probate on a house process and its sale.
As with all laws, there are acts that dictate how they must be applied. It is the executor or personal representative who sets the asking price for the house.
This is in accordance with the Florida Probate Law.
This individual will have the experience of knowing what the house is worth. His opinion should be based on the current market value for the home. This will be according to comparable value to other homes in the area and its current condition.
Once the price has been agreed upon, it is then listed with a Realtor, or sold the property can be sold to a builder or investor. This is all just part of the probate house sale process.
A Realtor that is experienced with probate on a house legalities will see that everything is in order. This is done before marketing the property. The marketing process for selling a home in probate is done the same way as any home sale.
Advertising, signage, and multiple listing opportunities will be taken advantage of. The agent will also schedule and attend to the home showing appointments.
If you’d rather avoid going through all of this, you can skip it by calling us to get a no-obligation cash offer to buy the house as-is. Call us at 813-784-4199 today and we can get you an offer within 24-48 hours.
If you end up with a house inheritance and have to deal with a probate house sale process, it may get you thinking. You may be worried about your personal situation. You don’t want to put your loved one through the same stress of selling a house in probate.
Avoiding probate on a house in Florida can be accomplished with some preventative measures. Instead of looking at leaving the standard type will take a look at writing a Living Trust. Your house and other assets are left to a trust. This puts a trustee in authority over them, on behalf of the beneficiaries. This way the house will not have to be probated because it has already come under the authority of the trust.
Another advantage of using the trust is that it eliminates the cost of having to go through a probate. This is a big advantage. Often the fees associated with the probating of a will are based on a percentage of the entire estate.
These are all important factors that you will want to consider when you are seeking out the answers to the what probate on a house is in Florida question.
The final step of the probate process as it related to the home be will the award of the Final Determination of Homestead. In Hillsborough County, it is the 13th Judicial Circuit that handles these cases. Once the Final Determination of Homestead is complete, the closing on the property may occur.
When you are involved in a probate on a house you should first begin to fully understand what it entails. Then know which professionals are going to help you the most. Choose experienced experts that can help you through the entire selling a house in the probate process.
If you have probate on a house that your family is considering selling, why not get a cash offer from one of our builders in South Tampa?
Robert Wilson is the Director of Dirt with EXIT Bayshore Realty, he lives and works and South Tampa, and has sold lots, land, and teardowns to over a dozen builders. We can help you get a cash offer from a builder within 24-48 hours. In just a few days, you’ll have a plan for the property and able to move on with your life, so you and your family may immediately begin prioritizing your financial goals.
Often times, if you are selling an older, smaller home that needs repairs and updates, the highest and best offer might come from a builder. You won’t have to worry about any repairs, you pay any commissions or closing costs and you can receive a quote in just 24-48 hours.
South Tampa Teardowns and our builder partners can give you a cash offer within days and provide flexible closing dates depending on your situation.
If you need to sell your property in South Tampa house fast and would like to get a no-obligation cash offer, call us now at 813-784-4199.
My name is Rob, whether you decide to sell your house with us or not, we would like to help answer questions you might have about the process.