What is Probate?
Probate is the process by which the court supervises the marshaling of assets of a deceased person, the payment of the decedent’s just debts and funeral expenses, and the distribution of the decedent’s property to the beneficiaries. Importantly, the probate court oversees the transfer of the decedent’s real property, often requiring a court order to authorize the conveyance.
Conveyance is the act of transferring an ownership interest in real property from one party to another. Conveyance also refers to the written instrument, such as a deed or lease that transfers legal title of a property from the seller to the buyer.
Why is Probate Done?
A probate proceeding is most commonly opened to administer a will or supervise the distribution of a decedent’s estate when there is no will. There may be challenges to a will, such as claims that the decedent suffered from incapacity, was under duress or the subject of fraud.
The probate court oversees the proper distribution of the decedent’s property and passing legal title to real property to the beneficiaries. A decedent’s estate may go through the probate process whether or not there is a will. If the decedent has assets which cannot be legally distributed without a court’s supervision, a probate proceeding is mandatory.
Title companies play a significant role in performing an analysis of the title history of the property they are insuring, and, in particular, must pay critical attention that any past transfers from a deceased person is thoroughly examined to determine compliance with the laws, rules and required probate procedures governing conveyances from decedent’s estates.
At Florida National Title, we have a team with the qualifications, knowledge, experience, and dedication to properly handle any and all title issues that may arise.
Any real property owned in the sole name of a deceased person, whether they reside in Florida or in another state or country, must be administered by the probate court located in the county where the property is located. Be assured that Florida National Title has the expertise to evaluate the legal efficacy of past transactions and is in position to deal with any irregularities that may exist.
Florida National Title has years of experience guiding Florida homebuyers through the real estate purchase experience and has helped them solve the problems that come up in the process. We will decipher the “legalese” and explain what we need and why we need it each step of the way. The blogs to follow will address specific issues to guide buyers to better understand the process and to help them avoid many of the pitfalls. Call us at (561)408-0729 or visit us at.
Florida National Title Services, LLC
250 S. Central Blvd., Suite 101
Jupiter, Florida 33458
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