Under Contract with house in Probate. (2014, appraisal, agent, property)

[curtisimo81]

Ok heres the deal. My wife an I found a house we love. The realtor told us the house was going through probate even though the owner died still married. Didn't make a lot of sense to us because in FL its marital property so it should automatically go to the husband. Our realtor said there was no issues with selling house per the courts. So we put an offer in on the house and it was accepted. The closing date is on or before aug 15, 2014. My question is I have been reading a lot about probate court and it can take years. Im wondering why it was in probate to begin with. The closing date of aug really upsets us because we really need to close in June but it doesn't look like thats going to happen. Im not sure how the whole probate process works but our realtor keeps telling us it can close sooner. Shouldn't she know more about whats going on if their agency is selling house? Thank you for any information any of you can offer to help us in this matter.

[MrRational]

Originally Posted by curtisimo81

The realtor told us the house was going through probate even though the owner died still married.
Our realtor said there was no issues with selling house per the courts.

So we put an offer in on the house and it was accepted.
The closing date is on or before aug 15, 2014.

The closing date of aug really upsets us because we really need to close in June
but it doesn't look like thats going to happen.

Im not sure how the whole probate process works but...

It's all about how the deceased had their property titled and how they wrote their will.
Or more likely... how they didn't write their will.

Getting a fair market appraisal shouldn't be complicated...
and presenting that to the Orphans Court Judge should be routine.

It might take a couple weeks but absent a contest to the deal to sell
or some deeper dispute in the family about the estate in general it should all be boilerplate.

Deeper answers will require asking someone deeper into the situation.
Start with the executor --who is always a competent attorney.

hth

[TarkaK9]

Probate is state specific; eg in CO its 6 month minimum and it will depend on the complexity of the estate so it can last years.

My first question - was letter of appointment issued by the courts? If not, then the listing may not be valid to begin with as the representative/executor hasn't been recognized and in the position to act on behalf of the estate. Besides, you want to make sure you are actually dealing with the rightful seller (which will be "the estate of" but the personal representative signs etc). The listing agent must have a copy for their records.

[jackmichigan]

Probate can vary by state and each case may involve different timing as well. Last year, I bought a property that was in Probate and it took about six weeks for the Probate Court to approve the sale. Of course, your agent doesn't control what happens in Probate, but they should be able to inquire to see if they can narrow down the time frame required. "On or before" is way too open; and an August closing sounds way too long. Hopefully, you'll be able to close sooner.

[curtisimo81]

We were told by the realtor everything has been taken care of but the judge would have to approve the offer. I just feel August is a long time if the judge has given permission for the house to be sold. It seems sketchy to me.