Selling a house during the probate process, also known as estate administration, is a common situation that raises many questions among heirs and family members. In Florida, probate is the legal process through which a court validates the will, pays outstanding debts, and distributes the deceasedās assets, including real estate properties.
If you wonder whether it is possible to sell a property while this process is ongoing, it is essential to understand the rules and restrictions established by law to protect both the heirs and interested parties in the property.
What is the probate process?
When a person dies leaving assets in their name, these must go through probate so a court can oversee that the distribution is done according to the law, or the wishes expressed in the will. During this process, the assets are subject to judicial decisions and cannot be sold or transferred without authorization.
Can you sell a house during probate?
Generally, you cannot sell a property during probate without court authorization. The reason is that the property is under judicial supervision until the court approves the distribution of the assets or the sale.
To sell a house during this process, certain steps must be followed:
- Obtaining a court order: The executor or estate administrator must request permission from the court to sell the property. The court will evaluate the request and decide whether to approve the sale.
- Valid reasons for the sale: The court usually approves the sale if it is necessary to pay estate debts, maintenance expenses, or to prevent loss of property value.
- Distribution of sale proceeds: The money obtained from the sale is held in custody until the court determines how it should be distributed among the heirs.
What happens if the property is sold without authorization?
Selling a property without court approval during probate can be illegal and may result in consequences such as:
- Annulment of the sale.
- Legal claims by heirs or creditors.
- Personal liability for the person who conducted the unauthorized sale.
Alternatives to avoid complications
To prevent a property from being tied up in probate and to facilitate its sale or transfer, there are legal options such as:
- Living trusts: Allow transferring property to a trust, avoiding probate.
- Joint ownership with right of survivorship: Enables the property to pass automatically to the surviving co-owner.
- Lifetime transfer: Using special deeds to designate direct beneficiaries.
Selling a house during the probate process in Florida requires court authorization. It is crucial to have the support of a specialized attorney to handle the process correctly and avoid legal issues that could delay the sale or affect the heirs. Are you in the middle of a probate process and need to sell a property?
Contact us at [email protected] or call/send WhatsApp to +1 (305) 921-0976.
At Jurado & Associates, we advise you to manage your estate with security and transparency.
