Orlando, FL - As Orlando, FL's housing market shifts toward a buyer's market, families handling probate matters may encounter new and often overlooked risks. When a home is part of an estate, slower sales cycles and softening prices can directly affect how efficiently the probate process moves forward.
Probate is the court-supervised process for identifying and gathering the assets of a deceased person, paying valid debts, and distributing remaining assets to beneficiaries. When real property is involved, market conditions can influence estate liquidity, timelines, and even family decision-making. A property that might once have sold quickly may now remain listed for an extended period, potentially delaying distributions and increasing carrying costs, such as taxes, insurance, and maintenance.
Giles & Robinson, P.A., based in Orlando, works with personal representatives and beneficiaries facing these circumstances. Probate administration applies to assets owned solely in the decedent's name that did not automatically transfer upon death. The process ensures the legal transfer of ownership, whether under a will or under Florida intestate law, and brings closure to outstanding financial obligations.
Florida law provides two primary types of probate: formal administration and summary administration. Each follows a different procedure and timeline.
Formal administration is generally required when the probate estate exceeds $75,000 in value, excluding exempt property, or when the decedent has been deceased for less than two years. This process involves structured court oversight and specific filing deadlines. Florida Probate Rule 5.030 requires that a personal representative be represented by an attorney in formal administration. While some estates are resolved within several months, others can take longer depending on asset complexity, creditor claims, and whether real property must be sold.
Summary administration may be available when the estate subject to probate does not exceed $75,000, excluding exempt property such as homestead, and when debts have been resolved, or the decedent has been deceased for more than two years. This option can move more quickly but still requires court approval.
A third, limited procedure - Disposition of Personal Property Without Administration - applies only in narrow cases where probate assets consist solely of exempt property and certain non-exempt personal property within statutory limits tied to funeral and final medical expenses.
In a shifting housing market, timing becomes especially important. Delays in listing property, pricing adjustments, or extended negotiations can impact how and when estate obligations are satisfied. Careful administration helps families avoid procedural missteps while adapting to market realities.
As Orlando continues to adjust to buyer-driven conditions, probate matters involving residential property demand steady oversight and informed guidance to protect estate value and ensure compliance with Florida law. Giles & Robinson, P.A. continues to assist personal representatives and families by providing clear direction throughout each stage of probate administration, helping ensure that court requirements are met, creditor issues are properly addressed, and property-related decisions are handled with care and attention to detail.
About Giles & Robinson, P.A.
Giles & Robinson, P.A. is an Orlando, Florida law firm serving clients in estate planning and estate administration matters. The firm's areas of practice include probate administration, trust administration, ancillary administration, qualified domestic relation orders (QDRO), and wealth preservation planning. Giles & Robinson, P.A. represents individuals, families, and personal representatives with a focus on guiding clients through complex legal processes in accordance with Florida law.
Media Contact
Name
Giles & Robinson, P.A.
Contact name
Helen Fuller
Contact phone
(407) 425-3591
Contact address
445 W Colonial Dr
City
Orlando
State
Florida
Zip
32804
Country
United States
Url
https://gilesrobinson.com/
