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Q: - "I contracted to sell the house I inherited from my parents last year, and the title insurance company says they can't close because I need to probate the house. What does that mean?"
A: - If your parents died and left a Last Will and Testament, they are said to have died "testate." If your parents died without a Last Will and Testament, they are said to have died "intestate." Either way, the title to the house is still in their name. Only after submitting the Will or Wills to the Circuit Court and getting a court order will you be able to pass clear marketable title to the house, and that is what is required by a title insurance company.
There are two basic probate petitions: formal and summary. Due to the number of senior citizens in central and south Florida, and the shortage of Circuit Court Judges, it is common for the probate process to take three to six months. I am told that the Brevard County Court House receives forty five petitions a day for probate. The paper work is very complicated. The process is designed to see that your parents creditors, if any, are paid prior to the heirs receiving any assets. Summary administration of a Will is sometimes possible depending on the circumstances. Summary Administration takes less time since publication of the Will is not required, but the paperwork is also very complicated.
If you wish to sell the property, but need a probate first, you should discuss the matter with the buyer and get an extension to the closing date on the contract. Although it is technically legal to do the probate yourself the changes of getting it right are slim. You really need a probate attorney. The filing fee with the clerks office is apx. $300.00. Publication of the Will in the newspaper will cost about $200.00. The total cost, legal fees and costs will be about $2,500.00.
The vast majority of clients seeking estate planning from my firm have Revocable Living Trusts drafted to enable their families to avoid probate and guardianships. A Trust will usually cost less than half of what the family will incur with probate, and is of benefit to the family in many other ways.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.