Probate + Loan

[Jacopo Iasiello]

🇮🇹 ❤️ 🇺🇸Thanks in advance  My question is regarding probate. If a single person (divorce and with 1 adult 23 year old daughter ) dies in Florida Broward County and I have a promissory note against him , will the property still go through the probate process even if there is an unpaid debt? and if yes , does my debt have priority over heirs?

[Tom Gimer]

@Jacopo Iasiello You need to look into whether an estate has been opened for the decedent and how to file a claim against the estate. If no estate has been opened you'll want to figure out why... such as whether the real estate passed outside of probate due to how title was held or whether the family is trying to avoid paying creditors. Creditors such as noteholders can help start the probate process as well.

Good luck.