By Vito Bavaro, Esq. | Bavaro Legacy Law, PLLC | Lakewood Ranch & Sarasota, Florida
Sell House During Probate Florida | Probate Attorney Lakewood Ranch | Sarasota Probate Lawyer | Bradenton Probate Attorney | Florida Homestead
A lot of families inherit a home they do not plan to keep. Everyone lives out of state, the house needs work, or the family simply wants to divide things fairly. The good news is that in Florida, a house can often be sold while probate is still open.
Here is what you need to know.
Who Can Sell the House
In most cases the personal representative handles the sale. But nobody can sign for the estate until the court officially appoints them, which happens through a document called letters of administration. Until those letters are issued, a title company will not close.
Do You Need the Court's Permission
That depends on the will. If the will gives the personal representative the power to sell, the sale can usually move forward without going back to the judge. If there is no will, or the will is silent, the personal representative typically asks the court for permission first, or all of the heirs agree to the sale in writing.
When the House Was a Florida Homestead
This is where many families get surprised. A Florida homestead often passes straight to the heirs instead of becoming part of the probate estate. The court usually confirms that with an order determining homestead. Once that order is in place, the heirs can sell, and the title company will rely on it at closing. You can read more on our Florida homestead after a death page.
A Few Tips for a Smooth Sale
Keep the house insured and the utilities on, and have someone check on it regularly. An empty house can run into problems quickly.
Have the paperwork in hand before you sign a listing agreement with a closing date. Letters of administration or a homestead order should come first.
Talk to a tax professional before closing. Selling inherited property can have tax effects that are worth understanding ahead of time.
The Bottom Line
Yes, you can usually sell a house during probate in Florida. The key is having the right authority and the right court documents in place before the sale. We can coordinate with your realtor and title company so your family is not left waiting. If you have just been named personal representative, our guide to personal representative duties is a good place to start.
Vito Bavaro, Esq. is the founder and managing attorney of Bavaro Legacy Law, PLLC, serving families across Lakewood Ranch, Sarasota, Bradenton, Venice, and surrounding Manatee and Sarasota County communities. If you are searching for a probate attorney in Lakewood Ranch, a probate lawyer in Sarasota, or help selling a loved one's home during probate, we are here to help. To schedule a free consultation visit bavarolegacylaw.com or call us directly.
The information in this article is for general educational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this post. Please consult a licensed Florida attorney for advice specific to your situation.
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Sell House During Probate Florida | Probate Attorney Lakewood Ranch | Probate Attorney Sarasota | Florida Homestead Attorney | Bradenton Probate Lawyer