Legal Question in Real Estate Law in Florida

Doubt if the estate will be ready to close. Read your contract to see if this issue is covered.

The sale may still go forward, you should review the sales contract and also be ready for a delay in the closing date. If the property is located in Florida a Probate will likely have to be opened (depending upon how the house was titled) and the Personal Representative of the Estate would be responsible for closing the sale. However, this process could take some time so there could be a delay in the closing of the sale.

If the contract does not specify what happens in the event of death, then you may want to consult with an attorney to discuss the possibility of pursuing the sale and forcing the Estate to go through with it. The contract can survive the death of the seller unless it specifically states otherwise. Of course the Estate could also force the buyer to close as well.

If you are a relative of the deceased and want to prevent the sale of the home there may be options available to you as well. In this case you need to speak to a probate attorney as soon as possible to discuss the situation. If you are probating the estate the contract should be reported to the court and the heirs.

The matter could be very complex and legal counsel is definitely advised no matter which side of the issue you are on.

The contract controls. It wont be easy as suggested above. Seek legal counsel if you are on either side and the other side is not agreeing.