Probate Services

Navigating Probate Real Estate with Compassion and Expertise

Your Trusted Partner in Managing Probate Property Matters

What is Probate in Real Estate?

Probate is the legal process through which a deceased person's estate is properly distributed to heirs and designated beneficiaries and any debt owed to creditors is paid off. We understand the emotional and logistical complexities involved and are here to guide you through every step.

Our team is not only skilled in real estate transactions but also in understanding the nuances of probate law. We ensure a smooth process, respecting your family's needs during this challenging time.

Expertise and Empathy at Every Step

Frequently Asked Questions

What is probate in Florida?

Probate in Florida is the legal process that takes place after a person's death to distribute their assets, including real estate, to heirs or beneficiaries.

Is all real estate subject to probate in Florida?

No, not all real estate is subject to probate. Properties with a valid beneficiary designation or held in joint tenancy typically bypass probate.

How long does the probate process in Florida usually take?

The length of the probate process can vary, but it typically takes around 6 to 12 months in Florida, depending on the complexity and any disputes.

Do I need an attorney for probate in Florida?

While it's not mandatory, we highly recommended you hire an attorney experienced in Florida probate laws to navigate the process effectively.

Can the deceased person's will be contested during probate in Florida?

Yes, the will can be contested in Florida probate court, but there are specific legal grounds for contesting a will, such as fraud or undue influence.

Are there taxes on inherited real estate in Florida?

Florida does not have an inheritance tax, but there might be federal estate tax implications for very large estates.

What happens to the mortgage on the inherited property during probate?

The mortgage on the property must continue to be paid during probate. The Personal Representative, heir or beneficiary may need to refinance or sell the property to cover the mortgage.

Can the executor or personal representative sell real estate during probate in Florida?

Yes, the executor or personal representative can sell real estate during probate, but they need court approval, and the sale proceeds are subject to court oversight.

What is a homestead property, and how does it affect probate in Florida?

Homestead property in Florida is protected to some extent from creditors and has specific rules regarding inheritance, which can affect probate proceedings.

Is it possible to avoid probate for real estate in Florida?

Yes, you can avoid probate by using strategies like setting up a living trust, joint tenancy with right of survivorship, or using beneficiary deeds for real estate.

What is the role of the personal representative in a Florida probate case involving real estate?

The personal representative, also known as the executor, is responsible for managing the deceased person's estate, including their real estate. Their duties include gathering assets, paying debts, and distributing the property according to the will or Florida law.

Are there any exemptions or deductions available for real estate taxes during the probate process in Florida?

Florida offers a few property tax exemptions, such as the homestead exemption for primary residences, which can reduce property taxes. However, these exemptions may be subject to certain conditions and limitations, so it's essential to understand how they apply in your specific situation during probate.

Please note that while these answers provide a general overview, it's important to consult with an attorney for specific advice related to your individual situation and any changes in Florida probate laws that may have occurred after the date we published this information.

Need Guidance with Probate Real Estate?

Reach out to our compassionate and knowledgeable team today for a consultation and support through the probate process.

You can call or text us at 941-301-8008

615 67th Street Circle East Suite #103

Bradenton, FL, 34208

Phone: 941-301-8008

Email: [email protected]

ALL MATERIAL PRESENTED HEREIN IS INTENDED FOR INFORMATION PURPOSES ONLY. WHILE, THIS INFORMATION IS BELIEVED TO BE RELIABLE, IT IS REPRESENTED SUBJECT TO ERRORS, OMISSIONS, CHANGES OR WITHDRAWAL WITHOUT NOTICE. ALL PROPERTY INFORMATION, INCLUDING, BUT NOT LIMITED TO SQUARE FOOTAGE, ROOM COUNT, NUMBER OF BEDROOMS AND THE SCHOOL DISTRICT IN PROPERTY LISTINGS SHOULD BE VERIFIED BY YOUR OWN AGENT, ATTORNEY, ARCHITECT OR ZONING EXPERT. IF YOUR PROPERTY IS CURRENTLY LISTED WITH ANOTHER REAL ESTATE BROKER, PLEASE DISREGARD THIS OFFER. IT IS NOT OUR INTENTION TO SOLICIT OR INTERFERE WITH THE OFFERINGS OF OTHER REAL ESTATE BROKERS. WE COOPERATE WITH THEM FULLY. WE FULLY SUPPORT THE FAIR HOUSING ACT.