Laurel, MD asked in Probate for Florida

Q: Can you request an ex parte hearing on real estate in probate prior to having a buyer?

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1 Lawyer Answer
Mr. Long H. Duong
Mr. Long H. Duong
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: Your question needs more context. Are you challenging the sale? Are you just seeking authority to sell? Is there a will that gives the PR authority to sell? Was it homestead property?

Typically, when an offer is received on NON-homestead real estate in probate - and there is NO Will or no power of sale within the Will, you'll need to seek permission from the court to actually sell it to the buyer under the contract. I won't make anymore assumptions until you provide more context.

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