Death of seller in residential home sale - is probate required? (Florida, USA)
<p>I have a purchase and sale agreement to buy a house in the Orlando, FL area, with a scheduled closing date of 5/1/2023. Unfortunately, the seller passed away last week, leaving the house to her son in her will.</p>
<p>The listing agent is saying that the sale must go into probate, and has started the process. My mortgage broker checked with the title people he works with, and they're saying that as long as the will is clear and uncontested, probate is not necessary in this situation. As far as I know the will isn't being contested; I'm sure the listing agent would have communicated that if it were the case. And obviously I don't know whether the will is otherwise ok, but again I haven't heard otherwise.</p>
<p>The listing agent isn't giving any reason why they think this must go into probate, and I have the feeling that they're on autopilot, assuming that death = probate. Unfortunately our agent is completely out of her depth here, and unwilling to push back on them on anything. She just accepts whatever they say. The delay of probate will have HUGE consequences for us, both financial and personal.</p>
<p>I don't know if this is enough information to answer this question -- but is probate always required in a situation like this?</p>

<p>Only the owner of real estate can sign the paperwork transferring title from A to B. The titular owner is now dead, so there is a process whereby some other person is authorized to dispose of the decedents property – the personal representative could do this. There is a prior procedure procedure whereby that individual is appointed to be the decedent's personal representative. Since Florida does not have Transfer on Death deeds, the property cannot pass immediately to the son.</p>
<p>In is not inconceivable that the PR can be appointed within a month, but the 90 day creditor claims deadline is a hard legal fact. This might not matter if the house has the Florida homestead exemption, and might not matter if it doesn't, but ask your lawyer.</p>

real-estate florida homeownership