Real Estate and Probate
House hunting can be a daunting task even under the best of circumstances. Throw into the mix a house that is being where the Seller is an Estate. A little homework, a knowledgeable realtor and an experienced Probate attorney can make for a smooth transaction.
First, know who your seller is. The owner of record is the person or persons listed on the tax records and most recent deed. Depending on the county, you can find that out from the property appraiser’s office, in Broward County it is www.bcpa.net.
Your realtor will usually know if the seller is still living or if the property is being sold by one of the heirs or beneficiaries. If the owner is deceased, you will need additional information, such as the date of death, place of domicile, and if there are any Estate proceedings pending or completed.
Regardless if probate matters are pending or completed, you will need to get in touch with the estate attorney. If no probate has been initiated, having an experienced Probate attorney can help you navigate through the process.
Make certain the proper party(ies) sign the listing agreement and sales contract. Be sure to include the recommended provisions for the contract to sell when probate is required. This can be accomplished by contacting the estate attorney or our office.
A little leg work up front can prevent costly delays, aggravation and ensures all parties expectations are met.