Can You Sell an Inherited House
Before Probate Is Complete?
Last updated: February 2026
Quick Answer
In many cases, yes. Once the personal
representative receives Letters of Administration, they can sell estate property with
court approval—even before probate closes. The sale proceeds go into the estate account
until final distribution.
How It Works in Florida
When someone passes away, their real estate typically goes through probate. But you don't have to
wait for probate to end to sell:
1Personal
representative is appointed: The court issues Letters of
Administration
2Court
approval obtained: PR petitions the court to sell the property
3Property
sold: Proceeds go into estate account
4Probate
closes: Cash is distributed to heirs after debts are paid
Why Sell During Probate?
Avoid carrying costs: Mortgage, taxes, insurance, and maintenance add up
quickly
Prevent deterioration: Empty houses can fall into disrepair
Simplify distribution: Cash is easier to divide than real estate
Pay estate debts: Sale proceeds can cover medical bills, funeral costs, and
creditors
We Buy Probate Properties
At FL Home Buyers, we work with probate attorneys and title companies experienced in estate
sales. We can:
Florida probate in 2026: Summary administration (estates ≤$75K) takes 1–3 months, while formal administration averages 9–12 months. Contested cases can drag on 2+ years for contested estates. Attorney fees follow a statutory schedule — for a $500K estate, expect ~
Florida probate in 2026: Summary administration (estates ≤$75K) takes 1–3 months, while formal administration averages 9–12 months. Contested cases can drag on 2+ years for contested estates. Attorney fees follow a statutory schedule — for a $500K estate, expect ~$15,000 (3%). Over 67,000 probate cases were opened statewide in 2024, with 42% of cases pending over 18 months. Important: Florida has NO state inheritance or estate tax, and the 2026 federal exemption is $13.99 million per person (2025, indexed annually).
📊 2026 Florida Probate Data
Summary Admin1–3 months
Formal Admin9–12 months
No State TaxNone (no state estate tax)/span>
Federal Exemption$13.99 million per person (2025, indexed annually)
Filing Fee~$400
5,000 (3%). Over 67,000 probate cases were opened statewide in 2024, with 42% of cases pending over 18 months. Important: Florida has NO state inheritance or estate tax, and the 2026 federal exemption is
Florida probate in 2026: Summary administration (estates ≤$75K) takes 1–3 months, while formal administration averages 9–12 months. Contested cases can drag on 2+ years for contested estates. Attorney fees follow a statutory schedule — for a $500K estate, expect ~$15,000 (3%). Over 67,000 probate cases were opened statewide in 2024, with 42% of cases pending over 18 months. Important: Florida has NO state inheritance or estate tax, and the 2026 federal exemption is $13.99 million per person (2025, indexed annually).
📊 2026 Florida Probate Data
Summary Admin1–3 months
Formal Admin9–12 months
No State TaxNone (no state estate tax)/span>
Federal Exemption$13.99 million per person (2025, indexed annually)
Florida probate in 2026: Summary administration (estates ≤$75K) takes 1–3 months, while formal administration averages 9–12 months. Contested cases can drag on 2+ years for contested estates. Attorney fees follow a statutory schedule — for a $500K estate, expect ~$15,000 (3%). Over 67,000 probate cases were opened statewide in 2024, with 42% of cases pending over 18 months. Important: Florida has NO state inheritance or estate tax, and the 2026 federal exemption is $13.99 million per person (2025, indexed annually).
📊 2026 Florida Probate Data
Summary Admin1–3 months
Formal Admin9–12 months
No State TaxNone (no state estate tax)/span>
Federal Exemption$13.99 million per person (2025, indexed annually)
