Back To Blog

Understanding The Probate Process

Effectively managing the sale of real estate within probate and trust requires meticulous attention from qualified professionals armed with the necessary expertise and resources to maximize sale proceeds. As a Real Estate Agent who is experienced in Probate Sales, I can help navigate you through this intricate procedure.

Defining Probate:

Probate in Florida is a court process for overseeing the administration and distribution of the estate assets of a deceased individual, commonly referred to as the decedent. Governed by the specialized Probate Court, this entails the identification, assessment, and valuation of the decedent’s real and personal assets, as well as settling any outstanding debts and taxes before then disbursing the remaining estate assets to rightful beneficiaries.

Navigating Probate Procedures:

The probate process is labor-intensive, document-heavy, and begins with the filing of a Petition for Administration with the Probate Court. This Petition asks the Court to open the Estate and appoint a Personal Representative (PR), commonly referred to as an executor. Florida law requires that the PR be represented by a probate attorney, and that probate attorney is entitled to a reasonable fee for their services paid out of the estate assets. Upon appointment of a PR to administer the Estate, the Court issues Letters of Administration to empower the appointed PR. Armed with this authority, the PR can proceed with executing contracts such as Real Estate Listing Agreement and Purchase and Sale Agreement for the decedent’s real estate.

Unique Aspects of Probate Property Transactions:

Probate real estate transactions present unique challenges distinct from conventional sales. The extent of authority bestowed upon the PR by the decedent’s Will and by statute determines the steps required before the PR can sell the decedent’s real estate. Failure to timely take those steps can result in significant delays in closing of a the sale decedent’s real estate.

Navigating Probate for Novices:

Embarking on the probate journey for the first time can be daunting, but with professional guidance from a knowledgeable realtor and an experienced probate attorney, it becomes manageable. Reach out to me, and I’ll provide the support and expertise needed to navigate through this complex process with confidence, ensuring your concerns are addressed every step of the way

Download Probate Guide


Add Comment

Comments are moderated. Please be patient if your comment does not appear immediately. Thank you.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.


  1. No comments. Be the first to comment.