how much do real estate agentsmake

Real estate transactions can often be complex and overwhelming, requiring the expertise of a qualified attorney to navigate the legal intricacies involved. In the state of Florida, having an attorney by your side during real estate sales can provide valuable insights, protect your rights, and ensure a seamless transaction. This comprehensive review explores the role of an attorney in Florida's real estate sales, highlighting the benefits they bring to the table.

Understanding the Legal Landscape:

Florida's real estate market is known for its unique regulations and procedures. An attorney specializing in real estate sales possesses an in-depth understanding of the state's laws, regulations, and nuances that can significantly impact a transaction. By leveraging their expertise, an attorney can guide buyers and sellers through the legal processes, ensuring compliance with state and federal requirements.

Contract Drafting and Review:

One of the primary responsibilities of a real estate attorney is to draft or review contracts. These legal professionals possess the knowledge and experience to create or analyze contracts, ensuring the terms are fair, comprehensive, and protective of their clients' interests. By meticulously examining the agreement, an attorney can identify potential pitfalls, ambiguities, or unfair clauses, minimizing the risk of

Probating a will in Texas
  1. Submit the will and file for probate. First, you'll submit the will to the deceased's county court and file a petition (or request) for probate.
  2. Post a public notice.
  3. Verify the will.
  4. Inventory assets.
  5. Contact beneficiaries.
  6. Notify creditors.
  7. Pay debts.
  8. Distribute assets.

Can you live in a house during probate in Texas?

Additionally, in cases where there is no will and the state requires the property to pay the outstanding bill, the heir cannot live in the house. The beneficiary living in an estate property going through probate must ask for permission from the executor before making any repairs.

Can I probate an estate without a lawyer in Texas?

If you are dealing with an estate where you are the only beneficiary or heir, you are not legally required to hire an attorney. If the estate has more than you as the beneficiary or heir, then you do have to hire a probate attorney.

How long can a property be in probate in Texas?

Probate timelines can vary significantly. If the estate is small or simple, the probate court can often conclude the process within six months. However, there are many cases where probate can last for a year or longer. This is especially true where the original will is contested or is missing.

How long do you have to transfer property after death in Texas?

If the deceased property owner had a Will stating who the property should be transferred to, the Will should be filed for Probate within 4 years of the date of death. The property may subsequently be transferred or sold by the Executor named in the Will according to the wishes of the deceased owner.

Who ultimately determines how much commission that the listing agent will be paid?

The contracts that buyers and sellers have with their agents determine the agents' commissions. The real estate fee is often split evenly between the buyer and seller agents, although a contract could stipulate that one agent receives more of the commission than the other.

What is the probate code for sale of real property in California?

Probate Code §10308 provides that all sales of real property, whether by private sale or public auction, shall be with court confirmation unless the personal representative has been granted full authority under the Independent Administration of Estate Act (IAEA) as outlined in Probate Code §10500 to 10538.

Frequently Asked Questions

Who directly pays the real estate salesperson his her commission?

5 Unless the buyer and seller negotiate a split, it is the seller who pays the commission. Most sellers factor the commission into the asking price, so it could be argued that the buyer always pays at least part of the commission, either directly or indirectly (through a higher purchase price).

Can you sell a house before probate is completed in Texas?

After the Affidavit of Heirship is complete, an attorney may prepare a deed transferring title to the proper heirs. Both the Affidavit of Heirship and the new Warranty Deed are filed with the county in which the property is located. Only after those steps are complete may the heirs begin the process to sell the house.

How long does an executor have to distribute assets in Texas?

Three years

The executor generally has three years after their appointment to distribute the remaining assets (after debts and disputes are resolved). The Texas probate process can be fairly simple in most cases.

Is probate required in California?

Any assets that do not qualify for a simple transfer process will likely have to go through formal probate. And, if the dead person's property is worth more than $166,250, none of the exceptions apply. You must go to court and start a probate case.

Can you settle an estate without probate in California?

In California, probate settles a deceased person's estate and is required in California if the estate is worth more than $184,500.

Why is probate bad in California?

This is because California probate proceedings are expensive, time-consuming, stressful on your family and heirs, and are public proceedings (meaning that there is no privacy regarding what you own and who is getting what).

Can a house be sold while in probate in California?

The California probate code allows the sale of property, including real estate, with court permission. This is so long as the seller is the properly court-appointed Executor or Administrator of the estate at the beginning of the probate process.


Can a house be sold before probate in Texas?
If a Will exists then it generally must be executed and probated in court before the house is sold. To do that, a probate hearing is held, wherein all of that person's property is be gathered, their debts paid, and the remaining assets distributed according to either the provisions of his or her Will.

Can the executor sell a house that is in probate in Texas?
Generally, yes – you can sell a Texas house in probate, though it can take quite a bit longer than a traditional sale. For the most part, this happens when there is a valid will that names an executor and specifies who receives the house.

Can you settle an estate without probate in Texas?

An estate may be exempt from the probate process in certain circumstances. Under Texas Estates Code, Title 2, Chapter 205, an estate need not pass through the probate process if there is no will and the total value of the estate (not counting any homestead real estate owned by the Decedent) is $75,000 or less.

After court transaction for house sale how are checks distributed

The settlement agent calculates the amount due to the seller after subtracting all the closing fees the seller is paying, after subtracting the payoff amount 

How is the sale of a home handledin probate

The legal process of transferring or selling these assets is called probate. When handling the property of a deceased person, the process is called real estate 

Can an attorney sell real estate in Florida?

Hear this out loudPauseExemptions from education requirements: Lawyers: Any active member in good standing with the Florida Bar, who is otherwise qualified under the real estate license law, is exempt from the Florida Real Estate Commission 's prescribed prerequisite educational course for licensure as a real estate sales associate.

Do I need a lawyer for a real estate transaction in Florida?

Hear this out loudPauseIn Florida, it is not required by law to hire a Florida real estate lawyer for closing. However, it is highly advised so as to protect yourself from unforeseen circumstances and expensive hiccups. Many people hire Florida real estate lawyers early in the buy or sell process to review, edit or draft contracts.

What can an attorney do in florida regarding real estate sales

What does a real estate lawyer do Florida?

Hear this out loudPauseThey are responsible for protecting and representing their clients throughout all real estate transactions, whether that involves selling a single home or developing multiple properties.

Do I need an attorney for a real estate closing in Florida?

Hear this out loudPauseAs aforementioned, Florida is a closing state. Therefore, it is not mandatory for the buyer or the seller to hire a real estate attorney to close the sale of residential real property.

What is a power of attorney for a real estate closing in Florida?

Hear this out loudPauseUnder Florida law, the POA must include the signatures of two witnesses and a notary. In addition, many lenders will not permit use of a POA – or if they do allow it, they require that the POA be specific to the transaction even requiring that the property, lender name, and loan number be identified.

What property is exempt from probate in Texas?

Types of Property Exempt from Probate

Community property with the right of survivorship; Payable-on-death bank accounts; Proceeds and benefits that are payable via a life insurance policy; and. Payments from a survivor annuity.

Do you have to go through probate in Texas?

Yes. If you have a valid will, it has to go through some version of probate. But there are ways to bypass the full Texas probate process, like: Muniment of title: If your estate meets certain criteria, it may be eligible for a muniment of title.

How do you avoid probate in Texas?

To avoid your assets going to people you didn't intend them to and to prevent them from going through the probate process, you can set up a trust, joint ownership with a right of survivorship, transfer on death deeds, or beneficiary designations.

What are the stages of probate in Texas? What Does the Probate Process Look Like?
  • Initiating Probate.
  • Notifying Creditors and Heirs.
  • Compiling Estate Asset Inventory.
  • Asset Distribution and Debt Settlement.
  • Does every will in Texas go through probate?
    • However, all wills do not have to be probated. For a will to be admitted to probate, the court must determine a necessity for administration. Only estates with no contests, no real property, no debt, and no accounts without satisfactory beneficiary designations can really avoid probate.

  • How long does it take to probate a house in Texas?
    • Probate Timeline in Texas

      Probate timelines can vary significantly. If the estate is small or simple, the probate court can often conclude the process within six months. However, there are many cases where probate can last for a year or longer. This is especially true where the original will is contested or is missing.

  • How long do you have to probate an estate in Texas?
    • Some may wonder, How long do you have to probate a will in Texas? The answer is that you only have four years from the date of the decedent's death to file the will with a probate court. After that, you might fall into an exception, but usually the judge won't allow you to probate that will anymore.

  • How long does an executor have to settle an estate in Texas?
    • The executor generally has three years after their appointment to distribute the remaining assets (after debts and disputes are resolved). The Texas probate process can be fairly simple in most cases.

  • How long does an executor have to sell a house in Texas?
    • Three years

      Here is what the final stages of a probate case look like as far as the distribution of property is concerned. An executor has three years after their appointment by the court to distribute any assets under the will that are not due to a creditor.

  • Can you empty a house before probate in Texas?
    • The property can be cleared and cleaned only after every single detail on the will is accounted for and each item allocated. If your loved one passes away and leaves their home, you can not empty the house before the probate process is complete.

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