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The following article was published in our article directory on May 4, 2015.
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Things You Need to Know When You Inherit a Real Estate that Needs Florida Probate

Article Category: Home Management

Author Name: Robert Weglewski

Selling real estate probate Florida is not easy. You need to have enough knowledge and undergo a lot of proceedings in order to get what you want and that is, to sell the house. Before you take action, make yourself familiar with the Florida probate process first.

Probate is important because the property ownership record needs to be checked and confirmed. Inheriting a property means the last owner in the property records died. This keeps the last owner from signing a deed over to you. You need to have a probate judge because he will be the one to declare you as the new owner of the property. This requires you to wait for the order determining the homestead status of the property before selling real estate probate Florida.

Florida Probate's Speed

According to many, Florida probate can be as fast as a lightning or as slow as a turtle. Its speed depends on the current circumstance. Fast probate usually happens if the owner has been deceased for 2 years or more already. This makes the probate as fast as one week or even less than a week as long as there is no family issue and you have an excellent probate attorney. However, if the owner just died recently, selling real estate probate Florida would usually take more than four months. This is because you still need to publish a notice to the creditors in the newspaper before you can finally sell the property. This may take more or less four months. This process allows creditors to question the homestead status and allows them to collect on a real estate which is not a homestead. This is the reason why probate becomes slower. The waiting period is the most important part. There are some cases where many unknown creditors file a claim for them to get paid. You have to wait for a long period of time before selling real estate probate Florida.

Florida Probate's Mortgage Issues

There are instances where your inherited property or real estate has a mortgage. This is crucial because if ever the mortgage wasn't paid by the last owner, the property might be foreclosed. You might want to pay the deceased person's mortagage in case you really want to claim and sell the real estate. Many mortgage companies are also accepting payments from the new owners. They would just check to the mortgage number. They have guidelines and procedures for those whose family member died. According to a federal law called the Garn St. Germain Act, the mortgage company cannot ask for the entire mortgage if your family member died leaving you the primary residence. This is just difficult if you happen to inherit a commercial real estate.

Always remember that there is no way that the mortgage company can go after your personal properties like your bank accounts if ever you decide to not accept from your inherited property. The property or real estate will be foreclosed and your name will be cleared from the title of the property. It would be better if you try to hire a probate attorney. It would be easier and safer in your case especially if you have plan of selling real estate probate Florida.

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