Legal Question in Wills and Trusts in Florida
listing of property during probate
If you inherit a house and wish to sell it
are you allowed to list it with a realtor
prior to receiving deed to property?
3 Answers from Attorneys
Re: listing of property during probate
You can try ,but i doubt any realtor will take it.
Re: listing of property during probate
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You are allowed to list it at anytime although many realtors will not consider accepting the listing if you are not yet the legal owner of the property. If the will permits, you might be able to have the personal representative list the property on your behalf. Property is often sold during the probate process but must receive the approval of the court on any proposed contract for sale.
Scott R. Jay, Esq.
Re: listing of property during probate
The property belongs to the estate until it is distributed to the beneficiaries/heirs. Whether the PR of the estate can sell a house depends on the authority granted to the PR in the will. If there is no will or it is silent on this, the PR must ask permission from the court to sell any real estate.