Understanding the Florida Probate Process

HANDLING PROBATE ISSUES IS NEVER EASY!

Our heartfelt condolences go out to those who are navigating the loss of a loved one.

Finding the right Probate Realtor in South Florida is crucial for efficiently closing this chapter of your life while maximizing the value of your property.

At the Aubreigh Hutchison Group at eXp Realty, we bring extensive experience and knowledge to guide you through every step of the probate property sale process. Rest assured, we've encountered and successfully handled all kinds of situations.

Let the Aubreigh Hutchison Group be your trusted partner in navigating the sale of your probate property.

 

We Offer A Full Range Of Services Including:

• Haul Away Services

• Donation
• Estate Sale
• Property Renovation
• Painting Services
• Flooring Services
• Attention to Details
• Staging

• Utilities

• Appliances
• Exterior Maintenance
• Security
• Inspections
• Cleaning
• Property Background Search
• Coordination of Probate Procedures

 

Probate Frequently Asked Questions

  • Probate is a court-administered process of distributing a deceased person’s (decedent’s) estate/assets according to their will if one exists or, if there is no will, to the person’s immediate spouse/children/siblings/relatives.

  • The Probate process generally takes approximately nine to twelve months to complete.

    Probate is the only way to transfer real property from the deceased person to the heirs in the event that no trust was set up prior to the decedent’s death.

  • An Estate property may be sold by the personal representative when:


    • The sale is necessary to pay debts, devises (gifts to persons named in the will), a family allowance, expenses of estate administration, or taxes;

    • The sale is to the advantage of the estate and in the best interests of the interested persons;

    • The property must be sold according to the terms of the will; or

    • Authority is given in the will to sell the property.

  • Generally, yes. Without full authority under IAEA, the minimum offer price for a private sale of real property must be at least 90 percent of the appraised value of the property (Cal. Prob. Code § 10309(a)(3)). The appraisal must have been made within one year prior to the date of the confirmation hearing (Cal. Prob. Code § 10309(a)(2)).

 

What If You Are The Attorney?

We excel in these particular situations, where the attorney of record typically assumes one of two roles. They are either appointed by the court or chosen by the family or executor/personal advisor. If appointed by the court, their focus is usually on the legal aspects of transactions and asset dispersal. However, when retained by the family or executor/personal representative, their role often expands to include advisory functions. In both scenarios, we prioritize keeping you fully informed about every aspect of our involvement, especially when it comes to handling offers on real estate.

In certain cases, the family or executor/personal advisor may prefer the attorney to manage all aspects of the probate entirely. In such instances, we collaborate with you as "the client" regarding real estate matters, just as we would with the executor/personal advisor.

 

What Aubreigh’s Clients Are Saying

What an amazing experience! Aubreigh was patient, always available and worked endlessly to find us the home of our dreams. She guided us and gave us confidence in the buying process while making every step of the way enjoyable. Such a stress-free experience. Keep reading, theres more… AND she sold our previous house off-market for more than we anticipated - making it possible for us to buy this home. Highly recommend!
— Kevin Connolly
When you combine Aubreigh’s real estate experience with her extensive training, her clients always win.
Her knowledge of the market, professionalism, attention to detail, and good energy made selling my investment property effortless.
She offered support and invaluable resources & kept me informed every step of the way.
— Trisha F.
Aubreigh is very professional and made my first time, home buying process easier to handle. She had solutions for any issues regarding a home and is very knowledgeable about each step. I’m very happy she is my realtor and hope to continue to work with her in the future.
— Teleshia Singh