Leave a Message

Thank you for your message. I will be in touch with you shortly.

Probate vs Trusts

Green Group Realty is your Trust and Probate Real Estate Expert in Florida. We pride ourselves on collaborating effectively with administrators, executors, trustees, conservators, beneficiaries, title companies, and legal teams, aiming to consistently deliver the best outcomes for our clients in the trust and probate real estate sectors.

Trust Sale vs Probate Sale

Probate Real Estate Sales in Florida

  • Our role as your broker is to bridge the gap between the estate’s legal requirements and the real estate market, ensuring the property is sold efficiently, transparently, and in compliance with Florida probate law.
  • A probate sale involves court-approved sales, often requiring a personal representative and probate attorney.

We will assess the property’s fair market value. This is critical for court approval and to ensure compliance with IRS and estate requirements, such as the “date of death” valuation or an alternate valuation date.

We list and market the property and ensure buyers understand the process, potential delays, and any limitations (e.g., selling “as-is” due to estate constraints). Florida law requires brokers to disclose material facts about the property, including its probate status. 

  • In a formal probate, the court may require a hearing to approve the sale, especially if the estate has multiple heirs or creditors. We will work with legal teams to help prepare necessary documentation and may assist in presenting the sale to the probate court.
  • Additional restrictions may apply for “Homestead” properties with surviving spouses or minors.

We coordinate with the title company, attorneys, and other parties to ensure a smooth closing. We will assist to resolve any title issues, such as liens or heir disputes, which are common in probate sales.

Probate sales often involve strict timelines, such as creditor claim periods (90 days from the first publication of notice to creditors under Florida Statute 733.702). We ensure the sale aligns with these deadlines to avoid complications.

Trust Real Estate Sales in Florida

Why Do You Need a Probate or Trust Sale Real Estate Agent?

The ultimate decision to sell with a specialized real estate agent familiar with the trust and probate real estate sectors in Florida is one that should be heavily weighted, regardless of whether the sale of the real property happens during probate with court involvement, or involves a trust during the grantor’s life or after the grantor has passed and in the hands of the trustee. A probate or trust real estate sale is more intricate than a regular market sale. In these cases, it would be most beneficial to use a real estate broker with local real estate market knowledge and the capacity to handle such cases.

Let's Get Started

Expertise in residential, commercial, and investment properties. Dedicated to closing complex deals and exceeding client expectations.