Can You Sell an Inherited House Before Probate Is Complete?
Last updated: June 2026
Max Cohen
Licensed General Contractor · FL Home Buyers
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 We Work With Pre-Probate Sellers
I've signed purchase agreements on inherited houses before probate was opened. We sign the contract, the heir files probate (or uses Florida's summary administration for estates under $75K per F.S. 735.201), gets appointed personal representative, then closes with us once they have authority to convey.
The advantage of having a signed contract first: the heir knows the sale price and buyer before spending money on probate attorney fees. If the numbers don't work, they find out before investing $3-5K in legal costs.
How Probate Works in Florida
When someone passes away, their real estate typically goes through probate before title can transfer. But you don't have to wait for probate to end to sell. The personal representative (PR) can sell estate property during probate, as long as they follow the right process.
- 1Personal representative is appointed: The court issues Letters of Administration, giving the PR legal authority to act on behalf of the estate
- 2Court approval obtained: PR petitions the court to sell the property. If all beneficiaries consent, the court usually approves quickly.
- 3Property sold: Proceeds go into the estate account
- 4Probate closes: Cash is distributed to heirs after debts, taxes, and expenses are paid
Florida Probate Types and Timelines
Florida Statutes Chapter 735 defines two types of probate, and the type you're dealing with determines how long things take:
| Type | Eligibility | Timeline | Can You Sell During? |
|---|---|---|---|
| Summary Administration | Estates under $75,000 or decedent died 2+ years ago | Often faster when eligible | Yes, once order is signed |
| Formal Administration | Estates over $75,000 | Often months; disputes or title issues can add time | Yes, with court approval |
The $75,000 threshold applies to the probate estate only, meaning assets that don't have a named beneficiary or joint owner. So a house worth $300,000 could still qualify for summary administration if it was the only probate asset and the estate has debts bringing the net value under $75,000.
What If There's No Will?
When someone dies without a will (intestate), Florida Statute 732 dictates who inherits. The property doesn't go to the state automatically. Instead, it passes to heirs in this order:
- Surviving spouse (gets everything if no children, or a share if there are children)
- Children (split equally)
- Parents (if no spouse or children)
- Siblings (if no spouse, children, or parents)
Even without a will, probate or another valid title authority path may be needed before a sale can close. The court can appoint an administrator (same role as PR) based on Florida's priority list under Statute 733.301.
Why Sell During Probate?
- Avoid carrying costs: Mortgage, taxes, insurance, and maintenance add up quickly. On a typical Florida home, that's $1,500-$3,000 per month that comes out of the estate.
- Prevent deterioration: Empty houses in Florida face mold, pest damage, and vandalism risk. Insurance companies may cancel coverage on a vacant property after 30-60 days.
- Simplify distribution: Cash is easier to divide than real estate, especially when multiple heirs are involved and don't agree on what to do with the property.
- Pay estate debts: Sale proceeds can cover medical bills, funeral costs, and creditor claims, which must be resolved before the estate can close.
We Buy Probate Properties
At FL Home Buyers, we work with probate attorneys and title companies experienced in estate sales throughout Florida. We can:
- Make a cash offer while probate is pending
- Coordinate timing with court approvals and work directly with your probate attorney
- Discuss belongings and cleanup terms before closing
- Close after court approval when title, payoff figures, estate authority, and seller documents are ready
If you're a personal representative dealing with estate property, call (561) 258-9405 or get a cash offer. We'll walk you through the probate sale process step by step.