Probate
Learn about the probate process.
Frequently Asked Questions
Answers to some of the most common questions about inherited property, probate, and residential property transitions.
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Inherited Property
Ownership, bills, utilities, and responsibilities.
Family Questions
Working together and making decisions.
Property Preparation
Preparing, maintaining, and selling the home.
Probate
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Probate is the legal process of administering a deceased person’s estate. It involves the validity of the will (if there is one), identifying and inventorying assets, paying debts and taxes, and distributing what’s left to the heirs or beneficiaries.
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The length of probate varies depending on the complexity of the estate and the court’s schedule. In Florida, most probate cases take between 6 months to 1 year. More complex estates can take longer.
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No. Not every estate goes through probate. Estates may avoid probate if they are small, held in joint ownership, or have a valid trust. Each situation is different.
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In most cases, no. The home is usually the part of the estate and must go through probate before it can be legally sold. There are limited exceptions, such as having a trust in place or all heirs agreeing and signing the necessary documents.
Inherited Property
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It depends. If the person had a will, the property is owned by the estate until probate is complete, then it transfers to the heirs or beneficiaries. If there was no will, the property is owned by the heirs under state law.
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The estate is responsible for the mortgage payments until the property is sold or distributed. If the estate doesn’t have funds, the heirs may choose to continue payments or the lender may take action.
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Utilities should continue to be paid to keep the property safe and maintained. These are considered estate expenses and are paid from estate funds.
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Yes. It’s important to notify your insurance provider as soon as possible. You may need to update the policy, add the estate as an interested party, or adjust coverage to protect the property properly.
Family Questions
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Disagreements are common, but decisions still need to be made. Open communication and focusing on the best interests of the estate can help. If needed, a mediator or legal professional can assist. Ultimately, the personal representative has the legal authority to make decisions, but should act fairly and impartially.
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Distance doesn’t mean you can’t be involved. Many tasks can be handled remotely with proper documents and communication. Local professionals (attorneys, real estate agents, contractors) or Estate Steward Group can help manage the property on your behalf.
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The estate is considered “intestate” and Florida’s laws determine who inherits and in what order. The court will appoint a personal representative to administer the estate. An attorney can help guide you through this process.
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Unfortunately, not everyone makes the process easy. The personal representative has a duty to move the estate forward. If someone refuses to cooperate, legal options may be available, including court intervention.
Property Preparation
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It depends on the property, the market, and your goals. Major renovations cost time and money and may not always increase the sale price enough to justify the investment. Focus on repairs the improve safety, functionality, and first impressions.
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Selling as-is can save time and reduce stress, especially if the property needs extensive work or if you need to sell quickly. Many buyers and investors are comfortable with as-is purchases. The right choice depends on your timeline, budget, and market conditions.
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An estate is a great option when there are valuable items, furniture, or household goods to sell. It’s usually best to hold the sale after the home has been sorted and before major cleanouts or listing the property. This helps reduce the cost of cleanup and can generate funds for the estate.
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Contractors should be involved when there are repairs that require permits, specialized skills, or could affect the safety or value of the home — such as roofing, plumbing, electrical, or structural issues. Always get detailed estimates and check references.
Additional Information
Disclaimer: The materials in this Resource Library are provided for general educational and informational purposes only and should not be construed as legal, tax, financial, accounting, investment, or other professional advice. Estate Steward Group is not a law firm and does not provide legal services. Because every situation is unique and laws, regulations, and practices may change over time, you should not make legal, financial, or other important decisions based solely on the information provided in these materials. Always consult with a qualified attorney or other appropriate professional regarding your specific circumstances. While we strive to provide accurate and up-to-date information, Estate Steward Group makes no representations or warranties regarding the completeness, accuracy, reliability, or timeliness of the information provided. Your use of these materials is at your own risk, and Estate Steward Group disclaims any liability for any loss or damages arising from reliance on the information contained herein.