Are you facing the moment when both your parents have passed away, leaving you their home full of cherished memories? Do you now find yourself needing to sell it but feeling lost on where to begin? Selling any home comes with stress, but navigating the sale of a late parent’s home adds layers of complexity: from managing grief and financial pressures to navigating family dynamics. That takes the difficulties to a whole other level.
This transition requires not just a savvy realtor, but a seasoned probate attorney that can put you in a position to legally list and sell the home. (Remember the home is still in mom or dad’s name which means that a title company will not allow YOU to sell it without a court order). If that sounds overwhelming, do not worry. We can help you from start to finish – while empathetically addressing your family’s concerns.
First some good news. Florida’s prime season for selling homes is during the winter months, specifically from December to February. This means that NOW is the time to start preparing for the sale. For many home sellers, Fall presents an ideal opportunity to interview and select a listing agent, tidy and declutter the home, and most importantly…make sure you have the legal power to sell the home. This means the probate court must appoint a Personal Representative (aka “Executor”) to lead the sale and obtain the proper court permissions to complete the closing transaction. In other words, it is crucial for you to hire a probate attorney at least 3 months in advance in order to list your home by the onset of winter. If selling your parents’ home is a task that has fallen upon your shoulders, here is a game plan.
STEP ONE: UNDERSTAND YOUR ROLE
If you are the only heir, you have the right to do whatever you want with the house. But when no specific instructions are given and other heirs are involved, things can get more complicated. The estate’s Personal Representative – the person formally assigned by the Court to administer your parents’ property and distribute assets – ultimately has sole authority to dispose of the home as they wish. You may be the Personal Representative, but your siblings will also want their say. Some may want to keep the property, while others might want a fast sale. Coming to an agreement is difficult while everyone is still mourning.
STEP TWO: INVOLVE THE PROFESSIONALS
You will need at least two on-site professionals to assist with the sale. Any local real estate agent can price the home correctly and talk you through the sale process, but only a realtor experienced in selling a home during the probate process will do it correctly. We can assist with putting you in touch with some knowledgeable realtors who understand the timeframes and complexities involved with probate real estate sales.
Next, you will need a probate attorney that will help explain the process and navigate the possible pitfalls. If you need to sell the home right away, your best route is to get appointed as Personal Representative of the estate, list the home, and once you receive a favorable offer, the probate attorney can obtain the court approval to proceed with the sale. If you are not in a rush to sell the home, a probate attorney can first transfer the home you (and any other beneficiaries) entitled to the home, and then the sale can be completed later on in time. Likewise, a real estate attorney can help with any outstanding issues, including unpaid taxes, unforeseen liens, and missing paperwork.
STEP THREE: FIND OUTSTANDING DEBTS
Your real estate agent or attorney will conduct an initial title search to uncover any existing mortgages or liens on the home. This process may reveal surprises such as a second or reverse mortgage that your parents had taken out. Additionally, older homeowners sometimes overlook property tax payments. A thorough title search can also uncover liens for unpaid labor against the property. Addressing these issues promptly is crucial as they could potentially delay or prevent the sale. Any outstanding debts will typically be among the first to be settled from the proceeds of the sale.
STEP FOUR: MAINTAINENCE IS EVERYTHING
An uninhabited home is susceptible to maintenance problems like frozen pipes, roof leaks, rodents, or termites. Physical appearance is also important. If the property looks vacant or abandoned, this can attract vandalism. Consider hiring a handyman or lawn service familiar with the area. If you cannot access the estate’s funds yet, keep a detailed record of expenses and all paid receipts so that you can be reimbursed later on.
Most importantly, continue to maintain homeowners’ insurance on the property, pay the mortgage payments to prevent the property from falling into foreclosure, and keep the power on in the house to prevent mold from growing. Florida’s humid tropical climate can cause many problems for a home that is not properly maintained.
STEP FIVE: PREPARE TO LIST THE HOME
Avoid spending on renovations unless you anticipate a significant return. Prioritize fixing obvious issues unless your agent suggests selling “as is.” Also, recognize that the emotional pain of clearing out your parents’ belongings can be challenging when preparing the home for sale. We used to joke with our parents about clearing out their possessions, and the response was, “That will be your problem someday.” Now, that day has arrived – it has become your responsibility.
In Florida, a probate attorney is essential for selling your parents’ home after their passing because only an experienced probate attorney can navigate the complex legal requirements involved in transferring property ownership from your parents to you (and the other beneficiaries, if any). The attorney ensures that all necessary legal documents, such as letters of administration, are obtained to authorize the sale. They also handle any challenges that may arise, such as clearing title issues or addressing creditor claims against the estate, ensuring a smooth and legally sound transaction.
At OC Estate and Elder Law, we focus our practice exclusively on probate administration and estate planning. Our seasoned probate attorneys have the experience and know-how to navigate the complexities of probate court and provide compassionate support during challenging times. If someone in your family has recently passed away, and you need to sell the family home, contact us for a free consultation at (954) 251-0332 or info@ocestatelawyers.com. Our attorneys are fluent in English, Spanish, and Russian.
