Max Cohen

How to Sell an Inherited House in Palm Beach County Without Probate Delays

November 7, 2025

Inheriting a home sounds like a gift, but it can turn stressful fast.
Probate, paperwork, and family opinions can drag the process for months.
The good news: you can sell faster if you understand how Florida rules work.
Here is the plain talk version from someone who does this every week in Palm Beach County.


1. Start by Confirming Ownership

The first step is knowing how the property is titled.
If the person who passed owned it in their name only, it stays in their name until the court transfers ownership. That means probate.

If any of these apply, you might skip probate entirely:

  • The home is held in a trust.
  • The deed is a lady-bird deed (also called an enhanced life estate deed).
  • The home is owned jointly with rights of survivorship.

If none of those apply, you will likely go through probate to sell it legally.


2. Pick the Right Type of Probate

Florida has two main probate options: formal and summary.

  • Formal probate is the long one. It involves a court-appointed personal representative and often takes six to twelve months.
  • Summary administration is faster. You qualify if the estate’s total assets are under $75,000 (excluding homestead), or the person has been gone for over two years.

Summary administration can often be completed in 30 to 60 days, and you can sell the house soon after the court signs the order.

If you do not qualify, you can still sell during formal probate with court permission.


3. Get Legal Authority Before You List or Sell

You cannot sign a contract or list the property in your name until you have one of these:

  • Letters of Administration from the probate court.
  • Order of Summary Administration from the court.
  • Trustee certification if the home was owned by a trust.

Without this authority, you cannot transfer title, and the title company will not insure the sale.
It is better to wait a few weeks and do it right than lose a buyer later because paperwork is incomplete.


4. Handle the Florida Homestead Step

If the home was the person’s main residence, it is protected under Florida’s homestead law.
That protection is good, but it adds an extra step.

The court must issue a Petition to Determine Homestead Status before you can close.
This petition proves who now owns the property.
Title companies require it before insuring the sale.

If your attorney files this petition at the same time as the probate, you save several weeks.


5. Gather Your Documents Early

Probate delays often come from missing paperwork.
Here is what you will need:

  • Certified death certificate
  • Will or trust documents
  • Recorded deed
  • Property tax bill
  • Mortgage statement or payoff
  • Title and lien search
  • HOA or condo documents

Keep everything in one folder and share it with your attorney or title company.
It speeds up every step that follows.


6. Keep All Heirs on the Same Page

The biggest delay in probate sales comes from family disagreements.
If all heirs agree to sell, everything moves faster.

Tips that help:

  • Have every heir sign a written consent to sell.
  • Use one probate attorney instead of multiple lawyers.
  • Put net proceeds and timelines in writing so no one is surprised later.

When everyone understands the plan, the court process becomes paperwork instead of conflict.


7. Make Simple Repairs Only

Inherited homes often need cleanup or small repairs.
Do not overdo it.
You only need the property in safe, sellable condition.

Fix anything that could block insurance or a sale, like a roof leak or electrical issue.
Skip new kitchens, floors, or landscaping.
If you are selling to an investor or cash buyer, you can leave it “as-is.”


8. Choose Your Selling Method

Traditional Listing

This gives the highest possible price but takes more time.
You need to wait for court approval, allow buyer inspections, and possibly make repairs.

Cash Investor Sale

This is faster and simpler.
No showings, no repairs, no financing problems.
You can often close during probate, with proceeds held by your attorney until the court gives final approval.

At FL Home Buyers, we work directly with probate attorneys and title companies to close during the process.
You do not have to wait for everything to finish to move forward.


9. Count Your Carrying Costs

Every month you wait costs real money:

  • Taxes and insurance: $500 to $1,000
  • Utilities: $200
  • Lawn, pool, and cleaning: $150 or more
  • Possible vandalism or damage if the home is vacant

A six-month delay can drain $8,000 to $10,000 from your bottom line.
Selling quickly often saves more than holding out for a slightly higher offer.


10. Pick the Right Title Company

Not all title companies understand probate.
Use one that handles Palm Beach County estates regularly.
They know what each judge and clerk needs.

They can spot problems early, such as:

  • Missing homestead order
  • An heir who has not signed
  • Unpaid tax liens
  • Out-of-state notarization issues

Catching these before closing keeps you from starting over later.


11. Avoid Mistakes That Create Legal Risk

Even if you never lived in the home, you must disclose known defects under Florida law.
Be honest about what you know.
It protects you later.

Also, do not divide sale proceeds before the court approves the final order.
Creditors and other heirs can still make claims.


12. How Long a Fast Sale Really Takes

Here is what you can expect:

  • Summary administration with no disputes: about 30 to 60 days.
  • Formal probate with court supervision: about 4 to 9 months.

If you have all paperwork ready, all heirs cooperating, and a cash buyer lined up, you can close during probate and beat both timelines.


13. Common Questions

Can I sell before probate is done?
Yes, if you have court approval or qualify for summary administration.
The money usually stays in your attorney’s trust account until final clearance.

Do all heirs need to sign?
If you have formal authority through probate, no.
If you are using summary administration or joint ownership, yes, everyone must sign or waive rights.

What if there is a mortgage or tax debt?
You can still sell.
The debt will be paid off at closing from the sale proceeds.


14. Real-World Tips That Keep You Moving

  • Start probate as soon as possible.
  • Work with one experienced attorney, not multiple.
  • Do not wait to fix small safety or insurance issues.
  • Keep communication open with heirs.
  • Do not hold out for the perfect offer if costs are stacking up.

I have seen families lose half their equity waiting for probate to finish because they did not prepare early.


15. Final Word

Selling an inherited house in Palm Beach County does not have to take forever.
If you understand the process, file the right paperwork, and line up a ready buyer, you can close cleanly without major delays.

At FL Home Buyers, we help families sell inherited Florida homes quickly, even while probate is open.
We coordinate with your attorney and title company, handle the paperwork, and close when you are ready.

If you are done waiting, go to FLHomeBuyers.com and request a no-pressure offer today.
You will know your real options and timeline within 24 hours.

Man in black polo shirt outdoors.

Article by Max Cohen

Max Cohen is a licensed general contractor and founder of FL Home Buyers, a Florida-based real estate investment company that helps homeowners sell quickly and simply. He has closed more than 100 off-market deals statewide, from Palm Beach to Sarasota, focusing on transparency, speed, and fairness.

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