Florida Probate & Inherited Property — Made Simple
Settle the estate, clear the title, and sell your loved one’s home — all handled for you.
If you’ve inherited a home in Florida, you don’t have to fight through probate alone. Our licensed partners manage the legal process while we buy the property directly for cash — no repairs, no delays, no out-of-pocket costs.
Trusted by Florida families and probate attorneys statewide.
The Fundamentals of Florida Probate
Probate is Florida’s court-supervised process that ensures a deceased person’s assets are transferred correctly, debts are paid, and the estate is legally settled. It’s the foundation of every valid property transfer after death.
When Is Probate Required?
Probate becomes necessary when assets are titled solely in the decedent’s name — a home, bank account, or vehicle with no co-owner or beneficiary. Jointly owned assets or those in a living trust usually bypass the court entirely.
The Four Paths of Florida Probate
Florida law provides four distinct forms of probate depending on asset value, time since death, and complexity.
Formal Administration
Full legal oversight for complex estates.
Used when assets exceed $75,000 or the death occurred within two years. Involves appointment of a Personal Representative and strict judicial deadlines.
Summary Administration
Faster resolution, limited assets.
Available when the estate value is under $75,000 or death occurred over two years ago. No Personal Representative required — assets distribute directly.
Disposition Without Administration
For very small estates.
Applies only when the estate covers funeral or final medical expenses. Quick petition-based process with minimal filings.
Ancillary Administration
For non-residents with Florida property.
Required when an out-of-state decedent owned real estate in Florida. Conducted concurrently with the primary probate in their home state.
The Unique Challenges of Real Estate in Florida Probate
Real estate is the most complicated part of any Florida probate. When a person passes away owning property in their name alone, that home cannot be sold, refinanced, or transferred until the court authorizes it. Florida’s homestead exemption protects families from creditors but also creates legal barriers that heirs and personal representatives must navigate carefully.
Understanding how Florida probate real estate sales work — from clearing title to obtaining court approval — helps heirs avoid costly mistakes, missed deadlines, and delayed closings.
Florida’s Homestead Law
Florida’s Constitution shields a decedent’s primary residence from most creditors — a valuable protection for families, but one that limits who can inherit. Usually, only a surviving spouse and minor children qualify. When others inherit, such as adult children or distant relatives, the property must go through a formal probate process before it can be transferred or sold.
Homestead law affects not just ownership — it impacts who can sell, who receives proceeds, and when title passes. Each case must be reviewed by the court to confirm valid inheritance rights.
Clearing Title for Sale or Transfer
Before a home in probate can close, a Petition to Determine Homestead Status must be filed and approved by the court. This judgment is what allows a title company to issue title insurance and confirm the estate’s legal authority to sell.
Without this step, no buyer, lender, or insurer will touch the property — effectively freezing the sale. Experienced probate professionals can file this petition quickly and coordinate with title companies to prevent closing delays.
Selling a House During Probate
A Personal Representative (executor) must have express authority — either in the will or through a court order — to sell the home. All proceeds are deposited into the estate’s account and held until final distribution to heirs.
The sale must also comply with Florida Statute §733.613, which governs estate property transactions. Working with a licensed cash homebuyer familiar with probate ensures faster court approval, compliant contracts, and a clean closing.
Typical Florida Probate Costs & Timelines
Probate costs vary based on complexity, county, and whether the case involves real estate. Below are typical expenses and durations for court-supervised estates involving residential property in Florida:
- Attorney’s Fees: ~3% of estate value (Florida Statute §733.6171)
- Court Filing Fee: $345–$400 depending on the county
- Personal Representative Fee: Often mirrors attorney compensation
- Timeline: 6–18 months (formal) or 1–3 months (summary)
These timeframes directly affect when an inherited property can be listed or sold. Partnering with FL Home Buyers’ probate team helps families accelerate title clearance, handle filings, and secure fair cash offers for inherited homes statewide.
We streamline Florida probate real estate sales from start to finish. Our in-house team and legal partners manage every step — from the Petition to Determine Homestead to title transfer and closing. Whether you’ve inherited a home, need to sell before final distribution, or are facing creditor claims, we ensure compliance, speed, and certainty.
A Simpler Path Forward — Probate & Sale Handled Start to Finish
Dealing with probate and real estate at the same time can feel impossible. FL Home Buyers streamlines both. We purchase inherited homes directly for cash, while our network of Florida probate attorneys manages every court filing, notice, and title clearance. You get one coordinated transaction — no upfront cost, no hidden fees, no delay.
We’ve helped hundreds of Florida families settle estates faster by combining legal guidance, fast home sales, and transparent pricing — so heirs can move on with clarity and cash in hand.
Speed & Certainty
We close in days or weeks — not months. No waiting on buyers’ financing, probate delays, or agent listings. You get a guaranteed cash offer and a closing date that fits your timeline.
Sell the Property As-Is
No repairs. No clean-outs. No showings. We buy probate homes in any condition — vacant, damaged, or full of belongings — and handle everything after closing.
Attorney-Managed Legal Process
Our Florida probate attorneys prepare all filings, creditor notices, and court approvals required to legally transfer or sell the property. You stay fully compliant — without managing the process yourself.
Guaranteed Net Proceeds
Every cost — attorney, title, closing — is built into our offer. You’ll know your exact take-home amount before signing, with no commissions or deductions.
No obligation. No fees. One clear solution for probate and property.
Trusted by Florida families, estate executors, and probate attorneys statewide.