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Probate property: where title work meets estate law

When the owner of Florida property dies, the property doesn't just 'pass' — someone with authority has to move it, and the title record has to prove every step. These are the files where a standalone title agency politely stalls, and where our model was built to shine.

Why probate sales fail at ordinary title companies

The title commitment on an estate property reads like a law exam: letters of administration, homestead determinations, spousal and heir joinders, court orders authorizing sale, creditor periods. A processor can list those requirements; only legal work can satisfy several of them. If no probate has been opened — the most common situation — the 'title problem' is actually an unstarted legal proceeding.

Milestone Title closes the identification gap: the title team states exactly what the record requires. Where a probate must actually be opened and run, that is legal work the family procures separately and directly from Muroff, Milestone & Milestone, P.A. — an estate planning and probate firm since 1980, engaged under its own terms and fees — or from any probate counsel they choose; either way, the title file is coordinated with the proceeding's timeline instead of oblivious to it.

The questions that decide your timeline

  • Has probate been opened, and in the right court? Florida property generally requires a Florida proceeding even for out-of-state decedents
  • Was the property the decedent's homestead? Homestead status changes who must act and how the property passes
  • Is there a will, and does the personal representative have authority to sell — or is a court order needed?
  • Who are the heirs/beneficiaries, and will any need to join in the deed?
  • Are there estate creditors or liens that must be addressed from the proceeds?

For families: sequencing kindness with correctness

Families selling a loved one's home are managing grief and logistics at once. Our job is to make the property side orderly: honest timelines, plain-language explanations, coordination among heirs scattered across states and countries (remote signing helps), and one team accountable from petition to policy. Where the family needs estate legal advice, the law firm side handles it — that is literally the firm's founding practice.

Questions

Frequently asked

Can we list and go under contract before probate is done?

Often yes — listing before or during administration is common, with the contract built around the authority timeline (court approval contingencies, realistic dates). What you cannot do is close before authority exists. Sequencing it correctly up front prevents the brutal version: a contract exploding while the court file sits in intake.

How long does Florida probate take for a property sale?

Summary administration (smaller estates or older deaths) can run weeks to a couple of months; formal administration typically runs several months or more. The property can frequently be sold during administration once authority is in place. Your facts decide — get them evaluated early.

The deed says 'life estate' or names a trust — is that still probate?

Maybe not: enhanced life estate (Lady Bird) deeds and properly funded trusts are designed to pass property outside probate. Whether yours actually did is a document-and-facts question the title exam answers definitively — sometimes with very good news.

Muroff, Milestone & Milestone, P.A.

When a closing needs a lawyer

Milestone Title identifies where a file's issues are legal, not clerical — and points you to the separate law firm that can address them. Legal services are never automatic: they are engaged directly with the firm, only if necessary, under its own terms.

Milestone Title, Co. and Muroff, Milestone & Milestone, P.A. are separate entities. Each is solely responsible for its own services, and neither is responsible or liable for the services of the other. Milestone Title, Co. provides title, escrow, and settlement services only — it does not provide legal services or legal advice. If legal services become necessary in connection with a transaction, they must be procured separately and directly from Muroff, Milestone & Milestone, P.A. — or any attorney of your choosing — under that firm's own written engagement, for additional fees determined by the firm. Educational content on this site is not legal advice for any specific situation.

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