Florida’s vibrant real estate market frequently involves inherited properties—particularly in South Florida, where many longtime residents pass homes on to heirs. But selling a home that’s part of a deceased person’s estate can trigger title complications, delays, and legal headaches if not handled properly.
Probate Basics in Florida
When a property owner dies, their home typically becomes part of their probate estate. Unless the property was held in a trust, joint tenancy with rights of survivorship, or lady bird deed, it must go through court-administered probate before title can transfer.
Common problems in probate sales include:
- No personal representative appointed yet
- Multiple heirs with conflicting interests
- Unresolved debts or liens against the estate
- Ambiguities in the will (or no will at all)
How to Keep the Sale Moving
- Open probate quickly: An attorney can help petition the court and appoint a personal representative
- Use a closing agent that is experienced in probate closings: They’ll know how to handle estate-specific title exceptions
- Clear all liens and judgments before closing
- Obtain court approval when required, especially for minor or incapacitated heirs
Probate sales often involve emotional and financial complexity. A real estate attorney can guide heirs, buyers, and agents through the process, ensuring legal compliance and avoiding costly title issues.
In Florida, where probate delays can derail otherwise smooth transactions, planning and legal oversight make all the difference.
