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Do you need assistance with Real Estate in Probate?
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Selling Real Estate that is in Probate or a Trust can be very challenging. You have probably been asking yourself:
- What are my options?
- What is the correct value of the property?
- What’s the best way to sell?
- What if repairs need to be made?
- I’m in another state, how can I get the property ready for market?
How to Get Your Probate Real Estate Property Sold
Selling Florida probate real estate or property held in a trust can be challenging. Your choice of an experienced Realtor who is knowledgeable of the probate process to help you in the sale of the property is of utmost importance.
The selling of probate real estate does not have to be difficult. An experienced, knowledgeable probate real estate agent will make all the difference in meeting important deadlines and making sure the sale of the property goes smoothly.
We specialize in helping families who have inherited properties in probate and trusts. Our goal is to make the sale of the property as simple and easy as possible for you.
We give you the information you need to make the best decision for your particular situation and we keep you informed with regular updates throughout the process.
Marketing a House in Probate, Trust or Conservatorship
Getting real property sold involves more than simply placing it in the Multiple Listing Service (MLS) and posting a sign. Those steps are important, of course, but for Foxx and Associates, successful marketing includes close communication with the seller, as well as in-depth knowledge of the property and the neighborhood.
The Our probate specialists at Foxx and Associates have been selling homes for over 147 years combined experience.
Our focused no-nonsense approach and proven marketing tactics get the results you want.
What We Do
- Prepare Property Market Value Analysis.
- Perform a free Quick Sale Home Audit of the property and review any updates, repairs, changes, and /or maintenance needed to get maximum profit for the property.
- Provide detailed information on all comparable sales in the area.
- Offer an MLS, open market sale to obtain maximum profit. Also offer a cash investor purchase for a fast easy sale.
- Counsel with you on different options for selling the property that meet your objectives.
- Coordinate any needed services with our business associates: estate liquidators, home stagers, locksmiths, cleaning, painting, and repair crews, and more.
- Customize our 27 Point Marketing System as needed for each individual property.
- Prepare extensive on-line advertising in addition to the Multiple Listing Service (MLS) and multiple photo tours and property information.
- Post yard sign on property with an 800 number for buyers to get info about the property 24/7 which also allows us to get their number for follow-up to see if they are a serious buyer for the home
- Place property on market.
- Aggressively market the property to potential buyers and agents who represent them.
- Arrange property showings and open house as appropriate.
- Maintain frequent communication throughout the transaction.
- Counsel agents and prospective buyers regarding the offer process for a property in probate.
- Continue to market the property aggressively until we have an accepted offer.
- Handle offer process and all subsequent paperwork.
- Streamline communication between all parties.
- Anticipate and solve problems before they cause delays.
- Confirm escrow deposit and track progress.
- Have a successful closing on the property.
Why choose Foxx and Associates?
- Florida Real Estate license since 1998, and awarded Top 3% of ALL Agents Nationwide, 3 years in a row.
- Over 147 years of combined Real Estate experience.
- Member Pinellas Realtor Organization
- Member Mid Florida MLS
- Member Florida Realtors
- Member National Association of Realtors
- Experienced with requirements of Probate Code to expedite the sale.
- Straightforward and timely communication with families, attorneys, accountants, personal representatives, trustees, conservators and court personnel.
- Team of professionals for estate liquidation, clean out, repairs, staging, and more.
No excuses. Just great service.
Call us today to learn how we can help you manage the sale of your probate, trust or conservatorship real estate property. 727-743-8048
Serving Clearwater/Clearwater Beach, Largo, Seminole, Belleair, Belleair Bluffs, Belleair Beach, Pinellas Park, Safety Harbor, Palm Harbor, Tarpon Springs, Indian Rock Beach, Indian Shores, St Petersburg and all of Pinellas County.
Ps. I sincerely believe we are best Real Estate Broker you can hire for Probate real estate, hands down. You owe it to yourself to at least call and find out what we can do for you.
Frequently Asked Questions about Probate
What Is Probate?
Probate is the legal process that occurs after a person (“the decedent”) passes away. It is the administration of the “estate” (the sum of the decedent’s assets).
Probate has two main objectives: (1) the debts of the estate are settled, and (2) ownership of property is transferred to heirs and beneficiaries. The process includes proving a will is valid (where one exists), identifying and appraising the decedent’s property, and paying outstanding debts and taxes.
If property remains after resolving valid creditor claims, it is distributed in accordance with local state law. Probate property includes real state, personal property, as well as financial instruments (stocks, bonds, ownership in business).
Do You Need To File Probate Litigation?
Probate litigation is necessary to inherit property in Florida.
This is true whether the decedent left a will (“testate”) or did not leave a will (“intestate”).
Testate Probate (With A Will).
Where the deceased person left a valid will, it must be admitted to the probate court to be effective.
Florida law states that “the custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead.” F.S. 732.901.
In addition, Rule 5.210 of the Florida Probate Rules mandates that heirs must file a petition to admit a decedent’s will identifying the following:
- Statement of interest and contact information for petitioner;
- Name, last known address, and personal information of the decedent;
- Surviving spouses and beneficiaries;
- Existence of all unrevoked wills; and
- Statement that will has been deposited with the county court.
Intestate Probate (Without A Will).
Where the deceased person did not leave a will, filing probate is also necessary to inherit a house in Florida.
The property of decedent not disposed of by a will passes to heirs via the rules in F.S. 732.101-111. Rule 5.200 requires that heirs file a petition for administration.
As to the existence of a will, the petitioner must state that: “after the exercise of reasonable diligence, the petitioner is unaware of any unrevoked wills or codicils, or if the petitioner is aware of any unrevoked wills or codicils, a statement why the wills or codicils are not being probated.”
Can I Sell a House During Probate?
You can absolutely sell a house in Florida during probate.
Selling an inherited house may even be necessary to settle estate debts, pay legal fees, or resolve disputes among heirs.
When selling a house during probate litigation in Florida, courts typically expect you to provide the following:
- Petition for Order Authorizing the Sale of Real Property, signed by Personal Representative and Attorney, including statement that the contract is fair market price, sale is arm’s length transaction, include property legal description and street address.
- Copy of Sales Contract.
- Copy of Appraisal or Broker’s Letter with comparable market analysis.
- Consents of ALL residuary beneficiaries in the estate, or proof of formal notice, without objection or set a hearing with notice.
- Submit Proposed Order on Sale of Real Property or bring the order to an ex-parte or scheduled court hearing.
The court – if the materials are deemed sufficient – issues an order approving the sale.
Sale proceeds first pay off the estate debts, and the remaining is distributed to heirs.
What are the Stages of Probate Litigation?
Probate litigation in Florida has 5-stages:
- Stage #1: Filing The Petition. Probate litigation is instituted by: (1) an executor (or personal representation) named in the will applying for the court to validate the will; or (2) when there is no will, a person petitions the court to be named executor.
- Stage #2: Notice To Creditors and Beneficiaries. The personal representative – typically through an attorney – notices anyone with an interest in the estate (creditors and beneficiaries).
- Stage #3: Payment of The Estate’s Debts, Taxes, and Expenses. A decedent’s debts do not disappear – they must be paid before you inherit any property. This may include credit cards, mortgages, back taxes, outstanding bills, and attorney fees.
- Stage #4: Legal Title in Property Transfers In Accordance With Will And/Or Local Law. Once the estate settles its debts, the personal representative petitions the court to transfer remaining assets to beneficiaries.
- Stage #5: Closing the Probate Estate. Executor prepares a final account and petition for final distribution. A hearing is scheduled with notice to interested parties, creditors are paid and assets are formally distributed. A “closing statement” or “closing affidavit” establishing that all assets were properly distributed.