How to sell real estate in florida
Selling Florida Probate Real Estate
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hi alicia daniel hall florida estate
planning probate attorney and realtor if
this is your first time visiting my
channel welcome and please don't forget
to like and subscribe so that you can be
notified as soon as i upload new videos
about estate planning probate or real
estate in this video i am going to
review how to sell probate real estate
in the state of florida
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it's possible to sell real estate during
the probate process so you don't have to
wait until after the probate is complete
in order to sell it it just means you're
going to have to go through additional
steps in order to get there the first
step is you have to actually open the
probate case this means you have to have
a personal representative appointed to
administer the assets of the estate next
if there's a will we have to take a look
to the terms of the will and see what
they say for example if the will
specifically authorizes the personal
representative to sell estate assets
technically you don't need a court order
but i always go ahead and get the court
order just to make sure that everyone is
covered and everyone has noticed that we
are going to sell the asset if there is
no will then you're going to need a
court order next you need to find a
licensed realtor who is authorized to
sell real estate in the area where the
property is located once a contract has
been accepted by the personal
representative you will need to file a
petition with the court asking the judge
for permission to complete that sale in
florida we have a 90-day creditor period
that is 90 days from the date of first
publication if you are in within the
90-day creditor period then the proceeds
from the sale are going to have to be
held either in an attorney trust account
or a restricted depository account those
funds will not be disbursed until there
is a court order authorizing the
disbursement of those funds i always
recommend that any contracts involving
probate property clearly state that the
sale is subject to court approved this
will make sure that all parties involved
the buyers the lenders the title
companies and any attorney are all aware
of the fact that there must be a court
order in order to close on that
transaction
no one is surprised when they've
received notice that we're not closing
just yet because we don't have the order
and once the court enters an order
authorizing the sale of that real estate
the parties can go ahead to the closing
title companies and attorneys involved
must make sure that they are following
the terms of the court order
specifically if the court order says the
funds need to be held in a trust account
those proceeds need to be wired
accordingly if the funds have to be held
in a restricted depository same thing
again it's very important that those
proceeds go to where the court order
requires they are sent if you recently
lost a loved one who was a resident of
or owned real estate in the state of
florida and you need assistance with the
probate process please click on the link
below to schedule your free probate
consultation
additionally if you are interested in
buying or selling probate property here
in the state of florida feel free to
click on the link below and we can
discuss selling or purchasing that
probate property
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