Ask the Experts: Florida Probate Rules

Ask the Experts: Florida Probate Rules - Jon Wanberg

Florida Probate Rules

Jon Wanberg Expert Advisors Group


One of the questions we often get from our sellers is, “What are the Florida probate rules?”.  So, today I’m going to give you a really brief overview of exactly what that is, not just in Florida but really anywhere in the country.

When somebody passes away, depending on whether or not they have a will, it may be determined that a property needs to go through probate.  

A person who has passed away is called the decedent and the court is going to decide how their assets are divvied out and who has ownership.

A lot of times people assume, ‘I’m the only heir to this property… this probably doesn’t need to go through probate’ and that’s actually not correct.  

When somebody passes away and you have inherited a property or someone that you know inherits a property, make sure that you contact an attorney right away to find out if that property is going to need to go through probate.

Oftentimes, somebody brings us a property to list and we list it and then find out that it does, in fact, need to go through probate.  

Here in Florida, probate can vary in price depending on how many people there are to contact and how difficult it is for the attorney to do that.   But, typically, it’s going to be between three and five thousand dollars. It could be less than that depending on the situation if it’s a very easy probate.  But, you can figure between three and five thousand dollars for the property to go through probate.

The problem actually becomes that it takes up to 90 days and so if you’ve already listed the property, got it under contract, and then now you have to ask the buyer to wait 90 days it can create quite a problem.

So, the Florida probate rules are going to be different than they may be in other states.  But, if you really want to know what the Florida probate rules are the first thing you should do is contact a real estate attorney, a Florida probate attorney, when you find out about inheriting property.

Hopefully, that helps and feel free to reach out to us and we’ll point you in the right direction of a good probate attorney.

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