Florida Sample Letter regarding Motion to Sell Property of an Estate
Description
How to fill out Sample Letter Regarding Motion To Sell Property Of An Estate?
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FAQ
Homestead property in Probate is not considered part of the ?Probate Estate.? This confusing aspect of Probate is found under Florida Statute 733.607. It means that the Personal Representative may have no control or ability to sell Homestead property.
The personal representative of a Florida estate can sell real property during probate administration. However, as highlighted in the article below, there are some instances when the Florida probate statute requires the estate's executor to get a court order before a property in probate administration can be sold.
If you remove any items from a house before it has gone through probate, you could be held legally responsible. You must also secure the property to ensure nothing is stolen or damaged.
In many cases, to clear the legal title of the home and be able to sell it, it will take 4-5 months after the probate proceedings. If you inherited the house by deed, selling is much easier and does not require going through the probate process in Florida.
If they explicitly grant the executor the power to sell property, they can proceed with the sale without obtaining unanimous approval from all beneficiaries. The executor's authority in this regard is usually outlined in the will and can include some limitations.
An executor must adhere to the stipulations in the will. They cannot alter beneficiary distributions or introduce new beneficiaries. They must also ensure they communicate and notify all beneficiaries and heirs as required. Any deviation from these obligations may result in legal consequences.
If your loved one left a will containing a ?power of sale clause,? then the personal representative can sell property belonging to the estate without attaining an order from the probate court. However, if you don't have that, don't worry. You can still sell property, but you will have to go through the court.
