Rarely is Probate Needed for Florida Property when one spouse dies.
When it comes to death and real estate transactions, not all are created equal. Probate law creates a separate set of rules depending on which party dies. Learn more here.
In some counties the probate process has become even slower with electronic filing.
In ancient days, 25 years ago, many title insurance underwriters believed that an executor (personal representative) needed to get past the creditor period (3 months) before he or she could validly sell real property owned by a decedent. Those days are gone, and for non-homestead property, all an executor needs is either an order approving the sale or the express power to sell stated in the Last Will.
People often ask us if we can recommend estate administration or estate planning services, software or books, and we’ve been looking, honestly. Meanwhile, we did find a good book on organizing all the information and records that many modern Americans come to possess. It’s called Get It Together – Organize Your Records So Your Family Won’t Have To, by Nolo Press.
It is important that the Personal Representative of a Florida estate, or those who inherited the house, contact an insurance agent immediately to discuss their options, and if necessary, obtain coverage for the house in Florida.
No tears were shed this year when the Florida Legislature finally – after far too many years – revised that portion of the homestead law that competed for the “worst idea” among all Florida laws.