How to Sell a House in Probate in Florida (2026 Guide)
The complete guide to selling inherited or probate property in Florida—from court filings to closing day.
Quick Answer
Can you sell a house in probate in Florida? Yes, but you need court approval first. The personal representative (executor) petitions the court, and once approved, the sale can proceed. Cash buyers often work better because they can wait for court timing without financing contingencies. The typical Florida probate takes 6-12 months, but a sale can often be approved within 60-90 days of filing the petition.
Table of Contents
What is Probate in Florida?
Probate is the legal process of transferring a deceased person's assets to their heirs. In Florida, probate is supervised by the Circuit Court in the county where the decedent lived.
The court appoints a personal representative (called an "executor" in other states) to:
- Identify and inventory the estate assets
- Pay debts, taxes, and final expenses
- Distribute remaining assets to beneficiaries
Real estate is often the largest asset in Florida estates. If the property has a mortgage, ongoing insurance costs, or simply sits vacant, selling quickly becomes a priority.
Types of Florida Probate
Florida has three main types of probate:
| Type | Threshold | Timeline |
|---|---|---|
| Summary Administration | Estate under $75,000 or 2+ years since death | 4-6 weeks |
| Formal Administration | Estate over $75,000 | 6-12 months |
| Disposition Without Administration | Only exempt property/personal effects | 1-2 weeks |
Most estates with real estate require Formal Administration because Florida homes typically exceed the $75,000 threshold.
Can You Sell a House During Probate?
Yes. The personal representative can petition the court to sell real property during probate. This is common when:
- The estate needs cash to pay debts
- The property is vacant and deteriorating
- Insurance and maintenance costs are draining the estate
- Multiple heirs want to split proceeds rather than co-own
The sale proceeds are held by the estate until final distribution. This protects creditors and ensures everyone gets their proper share.
Step-by-Step: Selling Probate Property in Florida
-
Get Appointed as Personal Representative
File the original will and death certificate with the Circuit Court. The court issues "Letters of Administration" giving you legal authority. -
Inventory the Estate
File a complete inventory of assets, including the property's estimated value, within 60 days of appointment. -
Petition the Court to Sell
File a "Petition to Sell Real Property" explaining why the sale is in the estate's best interest. Include the proposed sale price and terms. -
Get Court Approval
The court reviews the petition. If no objections are filed, approval typically comes within 2-4 weeks. -
Close the Sale
Once approved, proceed with a standard real estate closing. The personal representative signs the deed on behalf of the estate. -
Distribute Proceeds
Hold the sale proceeds in the estate account until final distribution is approved by the court.
Florida Probate Timeline for Real Estate Sales
Typical Timeline:
- Week 1-2: File petition to open probate
- Week 3-4: Letters of Administration issued
- Week 5-8: File inventory and petition to sell
- Week 9-12: Court approval for sale
- Week 13-16: Close the sale (with cash buyer)
With a traditional buyer needing financing, add 30-45 days for mortgage approval, which can extend to 6+ months total if the buyer's financing falls through.
Why Cash Buyers Work Better for Probate Sales
Probate sales have unique challenges that make cash buyers ideal:
✓ No Financing Contingencies
Traditional buyers need 30-45 days for mortgage approval. If they're denied, you start over. Cash buyers have funds ready.
✓ Flexible on Timing
Court approvals can take weeks. Cash buyers can wait for court timing without their financing expiring.
✓ Buy As-Is Condition
Probate properties often need work. Cash buyers don't require repairs or passing a 4-point inspection.
✓ Handle Complex Title
We're experienced with probate title issues, old liens, and estate paperwork.
Common Probate Mistakes to Avoid
- Selling before appointment. You have no authority until the court issues Letters of Administration.
- Not getting court approval. Selling without court approval can void the sale.
- Accepting a traditional buyer too early. Their financing may expire while waiting for court approval.
- Ignoring the property. Vacant homes deteriorate fast in Florida's humidity. Insurance may lapse.
- Not consulting a probate attorney. Florida probate has specific requirements. An attorney ensures compliance.
Frequently Asked Questions
Can you sell a house during probate in Florida?
Yes. The personal representative must petition the probate court for permission. Once approved, the sale can proceed just like any real estate transaction.
How long does probate take in Florida?
Formal administration typically takes 6-12 months. Summary administration (estates under $75,000) can be completed in 4-6 weeks.
Do all heirs have to agree to sell?
Not necessarily. If the personal representative has authority under the will or court order, they can sell. If multiple heirs own the property outright, all must agree—or one can file a partition action.
What is a personal representative?
The person appointed by the court to administer the estate. The will usually names this person (called "executor" in other states). If there's no will, the court typically appoints a spouse or adult child.
Can you sell before probate is complete?
Yes. You can get court approval to sell the property before the entire probate closes. The proceeds are held until final distribution. This is common when the estate needs cash.
Selling a Probate Property in Florida?
We buy probate properties as-is and work with your timeline. No repairs, no financing contingencies.
Learn About Our Probate Process
Max Cohen
Licensed General Contractor • Buying Florida homes since 2014