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?


Asked on 8/01/07, 9:18 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: listing of property during probate

You can try ,but i doubt any realtor will take it.

Read more
Answered on 8/01/07, 4:35 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: listing of property during probate

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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.

Read more
Answered on 8/04/07, 8:09 pm

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.

Read more
Answered on 8/01/07, 9:24 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida