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The following article highlights the probate code of the Florida statutes that discusses the personal representative's right to sell estate property.
In our opinion, no, underwriters should not worry about the probate creditor period. Section 733.613(3), Florida Statutes, was amended in 2001 to provide that a purchaser or lender of estate real property takes title free of claims of creditors of the estate (except those holding mortgages or other liens, of course) when the sale is authorized by the will or by court order.
Previously some title underwriters were requiring that the 90-day period for creditors' claims expire before they would deem the title as clear, for fear that an unpaid creditor of the estate could argue that it held a lien on all estate property. As Florida probate attorneys, we still run into underwriters who take that position, or who require an order of discharge, but usually they are persuaded otherwise when we refer them to the clear language of the statute. The wording of the Florida statute as it refers to the sale of property and probate administration is found here.
A division of McDonald Fleming Moorhead in Pensacola, Statewide Probate offers a free consultation for Florida probate administration cases. Contact our estate attorneys for a free consultation.
Our probate law firm offers reasonable estate fees and serves clients outside of our local Northwest Florida area and welcomes clients with estates in Miami, Sarasota, Daytona Beach, Tampa Bay, Fort Lauderdale, and throughout the state. Our staff is knowledgeable about all aspects of the probate codes and can handle the legal aspects of your probate administration.