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Need To Sell Your House Fast? Get a No Obligation CA$H OFFER Here
Do You Need Probate If There's No Will In Florida?
 
Written by Chris Logan on September 13th, 2017
how to make your house worth more
IT MAY SEEM LIKE THERE IS AN OVERWHELMING LIST OF THINGS TO DO FOLLOWING THE LOSS OF A LOVED ONE. nOT ONLY ARE YOU DEALING WITH THE LOSS, BUT NOW YOUR ALSO HAVING TO FIGURE OUT WHAT TO DO WITH THE PROPERTY LEFT BEHIND.   
IT CAN BE TOUGH.  HOWEVER, While this is a time of mourning it's important that all parties involved realize that there are legal issues involving the estate that have to be dealt with IN A TIMELY MANOR. These legal issues can be even more complicated if the deceased either failed to draft a will, or if they had a will but it cannot be located. 
If the deceased has no will or no accessible will then the situation is referred to as dying in testate. This is basically a term that SIMPLY MEANS "there is no will". So do you have to go through probate in the state of Florida if there is no will IN PLACE? 
 
THE SIMPLE ANSWER IS YES YOU DO, BUT READ ON...
 
While having no will in place can complicate matters there are different laws in place that govern the estate of a deceased person if they don't leave a will. Using these laws basically, gives the heirs to their estate a type of will that will enable them to divide the estate among themselves, kind of like dividing up the pieces of a pie. In an ideal world, this would be a simple process where all of the heirs cooperate with one another and act in a fair manner. Unfortunately, this happens infrequently since it is often difficult for people to decide what is fair when there is money involved. The good news is that for a family dealing with this type of situation an experienced lawyer can prove to be an invaluable resource. A lawyer can look at the statutes to determine who the heirs should be, which will then allow probate to be opened.
Why You Should Appoint a Personal Representative
The first major step in the process is appointing a personal representative of the estate, this is determined by the state statutes. The personal representative will be the point of contact for the legal team, and they will also help to make many of the decisions regarding the estate. One way to think of the personal representative is that they basically function as "power of attorney" for an estate. This isn't a legal term, but it's simply meant to provide a clear explanation of what the function of the personal representative is and how they can help with the probate process.

One thing that families should keep in mind is that the personal representative should be someone that is local to the property. Families often spread out over time and it's not uncommon to have family members separated by large distances. This can cause unnecessary headaches during the probate process since there will be a lot of paperwork involved. However, by not having someone local, then getting all of the paperwork done can be difficult, which can make the process drag out far longer than it should and in turn increase costs unnecessarily for everyone involved. This will then directly impact your ability to sell house fast in Florida, which is often what most families want to do so that it is easier to divide up assets to the heirs. After all, you can't give someone a quarter of a house, now can you? :-)

When trying to sell house fast in Florida one step that families can take is to allow the personal representative to have limited power of attorney over the property. What does that mean exactly? It means that the personal representative will have the legal capability of making decisions regarding the sale of the property. It also means that they will be the only person who is required to be present during closing - this is huge. This can make the process much more streamlined and can be very beneficial if there are heirs that don't live nearby and don't want to deal with selling the home or any of the other paperwork involved.
Should I Sell My Probate House? Making The Important Decision.
So why would a family be interested in selling the house fast in Florida? The simple answer is money. While there may be sentimental value attached to a property the reality of the situation is that getting a large number of heirs to share a home and keep it in the family is unrealistic in most cases. Because of that the best option is often to sell the property, pay off any debts or liens associated with the property, then divide the proceeds between the beneficiaries. The sooner you can finish this process the sooner you and the rest of your family will be able to move on with peace and begin focusing on other things instead of having to dwell on the loss of your loved one.

When the time comes to make decisions about real estate following the passing of a loved one we hope you will take the time to contact us at Rise Real Estate Group. We recognize that this is a difficult time for you and your family, and we will do our best to make the process of probate and the sale of your property as simple and fast as possible. We are experts in buying probate houses and have the experience necessary to help you get through this process as easy as possible - saving your family valuable time and money. 
Get In Touch With An Expert
Probate in Florida can be a complex process that is often the last thing you and your family want to be dealing with following the passing of a loved one. Although you may not feel like dealing with money issues or material possessions at this time, there are certain realities in life that simply cannot be ignored. The first thing you should do to start the probate process is to contact an experienced attorney that can guide you through the legalities of the situation. Our recommendation for properties in Florida is Joshua T. Keleske, Trusted Council of Tampa Bay.  You can visit his website by clicking the link or give him a call at (813) 254-0044.

Once this is done, you can then start the process of dividing the estate among the heirs, which usually means selling the property. At this point in the process you are going to need an experienced real estate company that specializes in buying houses that are in this unique situation. That's where we would like to come in and offer our services. At Rise Real Estate Group we can walk you through the process of selling your house to us step by step, so that you can settle the estate quickly and ensure that you and all the other heirs receive what is rightfully theirs.
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In This Video We Ask An Attorney, "Do You Need Probate If There's No Will In Florida?"
 
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Rise Real Estate Group is Tampa Bay’s premier local home buyer. Whether you are going through a divorce, inherited property, filing bankruptcy or even behind on taxes – we’ll help you out of your headache, work on your timeline and give you CASH for your property so you can move on from your unwanted property with peace. 

About Author: Chris Logan

Chris Logan is the co-founder of Rise Real Estate Group.  He is happily married, Christian and also a fitness buff.  When he's not flipping houses, he and his wife Heather enjoy volunteering with their church and traveling. 
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