common questions
Common Questions, Honest Answers
We understand that probate can be confusing, and it’s normal to have questions—big or small. That’s why we’ve gathered the most common questions we hear, along with clear, straightforward answers. If you don’t find what you’re looking for, just reach out—we’re always here to help.
When You Are Ready, WE Are Ready...
FAQs
Frequently Asked Questions
Selling a probate property can be a complex and emotional process. At Probate Advocates, we strive to make this journey as smooth and stress-free as possible. Here are some frequently asked questions to help you understand our services and how we can assist you:
Yes, we absolutely do. Our advice and guidance are 100% free, with no hidden fees or obligations. We genuinely want to support families navigating probate by answering questions, connecting you with trusted attorneys and vendors, and helping you understand your options. Our hope is that by earning your trust through honest, compassionate support, if you ever decide to sell a probate property, you’ll feel comfortable inviting us to compete for your business—but there’s never any pressure or obligation.
No. Our guidance is completely free, and we don’t charge for connecting you with trusted attorneys or vendors. We only generate revenue if you choose to sell a probate property to us—but there’s no obligation to do so.
Summary administration is a simplified process for estates under $75,000 or if the decedent has been dead for more than two years. Formal administration is required for larger or more complex estates and involves more court oversight.
In most cases, yes. Florida law requires a licensed attorney for formal probate administration unless the personal representative is the sole beneficiary. Even for summary administration, legal guidance is often recommended.
It depends on the complexity of the estate. Summary administration (for smaller estates) can take a few months, while formal administration may take 6–12 months or longer if there are disputes or complications.
An "all-cash offer" signifies that we will pay the full purchase price in cash, without relying on traditional financing methods. This eliminates the risk of financing delays or approvals falling through, ensuring a quicker and more certain closing process. Many companies claim to have ALL CASH offers, then shop your deal out to investors. We ensure we have cash on hand before the offer is written, no games, no delays.
Not always. Some assets, like jointly owned property, life insurance with named beneficiaries, and assets in a living trust, may avoid probate. However, most estates in Florida require some form of probate unless they qualify for simplified procedures.
Selling your home "as-is" means you don't need to invest time or money into repairs or preparations for showings. We purchase the property in its current condition, handling all necessary repairs and inspections after the sale. This approach saves you the hassle and expense of getting the home market-ready.
We do not necessarily need to do a full Home Inspection, but we certainly need to walk through and develop a punch list for renovation and repair. This can be done by photographs, videos or facetime if unique limitations exist on seeing the property.
After receiving information about your property, we can present a no-obligation, fair cash offer within 24 hours of seeing the property. Upon acceptance, we collaborate with a reputable local title company to close the sale in as little as 7 to 10 days, significantly faster than the traditional market timeline.
We operate on your schedule. If you prefer a later closing date to make necessary arrangements, we will set a timeline that aligns with your needs, providing flexibility and peace of mind.
Our goal is to offer a fair and transparent price for your property. We assess the home's condition, necessary repairs, and current market value to formulate a competitive offer. We are committed to transparency and will explain how we arrive at the offer amount.
A personal representative (executor) is appointed by the court to manage the probate process. Their duties include gathering assets, paying debts, filing tax returns, and distributing assets to beneficiaries.
Yes, but with conditions. In Florida, non-residents can serve as personal representatives only if they are related to the decedent by blood, marriage, or adoption.
If someone dies without a will (intestate), Florida’s intestacy laws determine how the estate is distributed. Typically, assets go to the closest living relatives, starting with spouses and children.
No. A will directs how assets are distributed but still must go through probate in Florida to be validated and enforced.
Costs vary depending on the estate’s complexity. Expenses may include court fees, attorney fees, personal representative fees, accounting costs, and more. On average, probate costs can range from 3% to 7% of the estate’s value.
Probate costs are typically paid from the estate’s assets before any distributions are made to beneficiaries.
Yes, but the process can be complex. If you’re the personal representative, you may need court approval to sell the property, especially if there are multiple heirs. We can guide you through this process.
To Probate Advocates, no. We buy homes as-is, meaning you don’t need to make any repairs or clean up the property. Take what you want, leave the rest—we’ll handle everything. Note that a home requiring repairs may take on a lower sale price or have more limited pools of buyers.
We can make a fair cash offer quickly and close in as little as 7–14 days, depending on the probate status and legal/title requirements.
A property with a mortgage can still be sold during probate. The mortgage will typically be paid off at closing from the proceeds of the sale.
No, beneficiaries are not personally responsible for the decedent’s debts. Debts are paid from the estate’s assets during probate. If the estate can’t cover all debts, some creditors may go unpaid.
Disputes over inheritance are common in probate. If conflicts arise, the court may intervene to settle the matter. Mediation is often recommended before legal battles escalate. We are not mediators, but often if we discuss the situation as a group (or if we can speak to others on your behalf) we have been able to mitigate bruised egos and those emotionally torn with the situation.
We offer free guidance to help you understand the probate process, connect you with trusted attorneys and vendors, and assist with any real estate needs related to probate. There’s no cost or obligation to work with us—we’re simply here to help you navigate this difficult time.
