Probate and inherited property
Selling a house you inherited, when you did not ask for any of this.
Somebody has died and now there is a property, a court process, and a family who may not agree. We do a lot of this work. Here is what it involves and why we do it.
Why an agent works on probate at all
We should address this directly, because people do raise it, and they are right to. There is something uncomfortable about a business that pays attention to public death records.
Here is our honest answer. Probate property is the most complicated thing we sell. There is a court timetable, a personal representative with specific legal powers, sometimes several siblings who want different outcomes, often a house that has not been touched in years, and frequently somebody living in it. An agent who has not done it before will get it wrong, and the estate pays for that in months and in money.
We do it because we are good at it, and because families who have been through it tell us the hardest part was not knowing what happens next. Most of what we do at the start is explain the process to people who did not want to learn it.
If you would rather deal with somebody else, that is genuinely fine, and the information on this page is still yours to use. If you would rather nobody wrote to you again, ring (239) 420-9027 or email martin@teamhawley.com and we will take you off the list that day.
What usually has to happen first.
This is general information about how it normally goes in Florida, not legal advice. Every estate is different and you will want a probate attorney. We can introduce you to several and we are not paid for it.
Somebody has to be appointed
Until the court appoints a personal representative, nobody has authority to sign anything for the estate. This is the step people most often try to skip, and it is the one that cannot be skipped.
Which kind of probate matters
Formal administration, summary administration, or in some cases no probate at all if the property passed by deed or trust. The route changes the timeline enormously. An attorney answers this in one conversation.
Homestead is its own question
Florida treats a homesteaded property differently from other estate assets, and it can pass outside the estate entirely. It also changes the tax position for whoever ends up with it.
The house keeps costing money
Taxes, insurance, electricity and upkeep continue while the process runs, and insurance on a vacant property is a separate and more expensive thing. This is usually the pressure that decides the timing.
What we actually do.
Start with a conversation, not a listing
Ring and ask what happens next. There is no obligation and we will not follow up unless you ask us to. If it turns out you do not need us, you will still know more than you did.
This is general information, not legal or tax advice. We are real estate agents. Probate in Florida is governed by statute and by the court, and you should take advice from a probate attorney about your own situation. We are happy to introduce you to one and we receive nothing for doing so.