Some Common Mistakes in Florida Probate Property Sales
What can go wrong in a Florida probate real estate sale? How do the Florida Homestead laws affect probate of real estate?
By Maya Bovshow, CEO, Trust Properties USA
Have you inherited a home in Florida that may require probate? In addition to consulting a qualified Florida probate lawyer, I urge you to contact Trust Properties USA as soon as possible. Florida probate law is nuanced, especially around homestead protections and court procedures. Working with a probate attorney and a real estate agent familiar with Florida statutes is your best defense against costly errors.
Here’s my quick list of the most common mistakes executors, personal representatives, fiduciaries, and heirs make when selling probate real estate in Florida.
- Failing to Confirm Legal Authority
- Mistake: Selling property before the court issues Letters of Administration.
- Why It Matters: Only the court-appointed Personal Representative (PR) has the legal right to sell estate property. Acting prematurely can invalidate the sale.
- Overlooking Homestead Status
- Mistake: Treating homestead property like any other asset.
- Why It Matters: Florida’s homestead laws protect primary residences from most creditor claims and affect how title passes to heirs. Misclassifying homestead property can lead to delays or disputes.
- Ignoring the Will’s “Power of Sale” Clause
- Mistake: Assuming court approval is always required.
- Why It Matters: If the will includes a power of sale clause, the PR may sell without court approval. Skipping this review can lead to unnecessary legal steps.
- Skipping a Proper Appraisal
- Mistake: Listing the property without a formal valuation.
- Why It Matters: An accurate appraisal is essential for fair market pricing and court documentation, especially if court approval is needed.
- Not Publishing a Notice of Sale (When Required)
- Mistake: Selling without public notice in formal administration.
- Why It Matters: Florida courts may require a published notice to ensure transparency and allow objections. Missing this step can stall the sale.
- Failing to Notify All Beneficiaries
- Mistake: Proceeding with the sale without informing heirs.
- Why It Matters: Beneficiaries have the right to object or contest the sale. Lack of notice can lead to legal challenges.
- Mismanaging Creditor Claims
- Mistake: Distributing sale proceeds before resolving debts.
- Why It Matters: Estate debts must be paid before heirs receive distributions. Missteps here can result in personal liability for the Personal Representative.
- Accepting a “Quick Sale” Offer That’s Too Low
- Mistake: Jumping on a quick, all-cash “as-is” offer from an unreliable flipper. Often these are “renegotiated” after inspections, and almost always understate the true value.
- Why It Matters: If the property needs major repairs, selling to a flipper may get the estate much less than a “fix and sell” strategy would bring. This can actually lead to liability on the part of the Personal Representative. Trust Properties USA helps sellers make these decisions, handles clean-outs, renovations, and more with no up-front cost to the seller–and takes no ownership.
Contact Trust Properties USA Today
Call us today at (800) 579-4380 to speak with a compassionate, experienced professional, or contact us online to get started at your own pace. Behind every inherited house is a family—and we’re here for yours.
Best, Maya
Maya Bovshow, CEO, Trust Properties USA
Maximizing the equity your family took a lifetime to build.
If you are dealing with a property in probate or trust, call us today at 📞 1-800-579-4380