How to Spot a Possible Probate Issue

When someone dies with title to property in that person’s name only, a probate is required to drop the title to the beneficiaries.

Look at the names of the owners on the tax roles and the last deed of record, if possible, before your listing appointment. Do these differ from the person you are meeting with? If so, you should ask questions about why.

Frequently, children will try to sell their parent’s home without completing the probate. Ask if the probate has been done or if a probate attorney is working on it. The title commitment will reflect the true ownership status. However, you do not want to have the wrong people sign the contract then wait months for closing or not have a closing at all.

One final twist. For Florida property, you need a Florida probate. Out of state probates will not work.

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