Sell Your Probate or Inherited House in Florida

Last updated: July 2026

Drone photo of Florida house sold to FL Home Buyers

Inherited a house you don't want? Probate timing depends on the estate, court, title, creditor claims, and who has authority to sign. While that gets sorted out, someone still has to watch property taxes, insurance, maintenance, and utilities. We can make a written as-is offer and set a realistic target closing date once probate authority, title, payoff, and seller documents are ready.

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Family sorting through inherited property items

Quick Answer

Can you sell a house in probate in Florida? Often, yes, once the personal representative's authority is clear. Court authorization may be required when the will does not grant a power of sale; Florida Statute 733.613 also allows a personal representative to sell without separate court authorization when the will grants that power. The title company or estate attorney should confirm who can sign and whether an order is needed. A cash buyer can remove mortgage approval from the transaction, but cannot bypass probate authority, title requirements, creditor issues, or required signatures.

Last Updated: July 2026

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The Probate Clock is Ticking

Probate timing in Florida depends on the estate, court, creditor claims, title issues, and whether summary administration is available. During that time, someone still has to watch property taxes, insurance, maintenance, and utilities. If multiple heirs are involved, getting everyone to agree can be hard. The longer the house sits, the more you need to watch carrying costs, insurance, maintenance, and code issues.

Legal documents and keys symbolizing probate process

Why Selling to Us Simplifies Your Probate Sale

We Buy As-Is

We review repair, probate, and title issues before closing so the written offer shows what is being priced into the sale.

Probate-Aware Timing

We work around the authority that actually exists: personal representative status, court approval if needed, title, payoff, and heir signatures. If the estate is ready to sell, we put the timeline and seller costs in writing.

We Work with Attorneys

We work with your probate attorney, personal representative, or title company to understand who can sign, what approval is needed, and what has to be cleared before closing.

No Agent Commission

We do not charge an agent commission or seller service fee. The written offer states seller costs before you sign.

How We Handle Probate

Here's the practical sequence:

  • We review the property, deed, estate status, and who has authority to sign.
  • We make a written cash offer that can be shown to the attorney, heirs, or court if needed.
  • We price the house as-is, including cleanout, repairs, title issues, and seller costs.
  • If court approval or probate steps are required, we coordinate the sale timeline with those requirements.
  • The title company handles closing, payoff, deed recording, and distribution according to the estate documents.

Want to learn more? Check out how it works or read our blog post about selling fast in Florida.

Real Example

A common probate problem is not the contract. It is agreement. Three heirs may live in different states, one wants to list, one wants to repair, and one wants the house sold as-is. In that situation, a written cash offer can give the family a concrete number to compare against repairs, commissions, cleanout, carrying costs, and additional probate time.

Inherited house successfully sold for cash

What Actually Happens When You Inherit a Florida House

Most people who inherit property in Florida don't live here. They're in Ohio, New Jersey, Michigan, New York. The house sits in a ZIP code they've visited maybe twice. And within 30 days of the owner's death, the bills start arriving: property taxes, homeowner's insurance, HOA dues, utilities to keep the AC running so the pipes don't mold, lawn service so the county doesn't fine you.

For a typical 3-bedroom in a place like Cape Coral or Port St. Lucie, the monthly carrying cost can include taxes, insurance, HOA dues, utilities, lawn care, pool care, security, and repairs. If the house had an old policy or coverage lapsed, getting new insurance in Florida's current market can become its own problem. Some inherited homes in flood zones or with bad roofs are hard for financed buyers because their lender may require acceptable insurance before closing.

Then there's the condition question. Inherited houses in Florida have a pattern: the last 3 to 5 years of the owner's life, maintenance slowed down or stopped. The roof that was rated for 20 years is now at year 22. The AC unit hasn't been serviced since 2019. The lanai screen is shredded from the last hurricane. Cast iron plumbing under a 1960s slab is corroding, and nobody noticed because the homeowner stopped going under the house years ago. These aren't cosmetic problems. A single failed 4-point inspection kills a conventional sale.

The Three Paths Forward

Path 1: List it with a real estate agent. You'll need the personal representative to sign listing paperwork. The agent may recommend repairs, cleanout, or a pre-listing inspection. If the house fails a 4-point inspection or has an old roof, financed buyers may struggle with insurance. Listing can still be the right answer when the house is clean, insurable, and the heirs can wait for a retail buyer.

Path 2: Fix it yourself from out of state. This means hiring contractors, approving scope, paying deposits, checking permits, and deciding who controls the budget. Some families do well with this. Others lose time because the repairs expand, one heir disagrees, or the final listing price does not justify the work.

Path 3: Sell to a cash buyer during probate. We sign a purchase agreement with the person who has authority, coordinate with the attorney or title company, wait for court approval if needed, and close when the estate can legally sell. The tradeoff is simple: the contract price may be lower than a repaired retail sale, but you avoid many repair, cleanout, insurance, showing, and financing issues.

A Common Scenario We See

A woman in Michigan calls us about her father's house in a 55+ community near Ocala. He passed 4 months ago. She's the PR. The house is a 1985 manufactured home on a permanent foundation, and the community charges $350/month in lot rent. The roof was replaced in 2009 (16 years ago), the AC is original, and there's a water stain on the ceiling in the master bedroom that nobody's looked at. HOA has already sent two violation letters about the yard.

She called two agents. One wanted repairs before listing. The other was concerned about financing because manufactured homes in 55+ communities can be harder for some buyers. Meanwhile, lot rent, insurance, taxes, yard care, and violation letters kept moving Even when the family had not made a decision.

In a situation like that, the offer needs to show the math: roof, AC, water damage, cleanout, title, lot rent, and seller costs. Then the family can compare a direct sale against listing, repairing, or waiting for a different buyer.

That's the kind of problem we solve. If you're holding an inherited property in Florida and you're not sure what to do next, call us at (561) 258-9405 or fill out the form below.

Florida Probate & Inherited Property Law

Reference: Florida Statute §733.613

  • Formal administration often takes months, while summary administration may be faster when the estate qualifies. The attorney and title company should confirm timing before a sale deadline is promised.
  • Under §733.613, a personal representative may sell real property without separate court authorization when the will grants a power of sale. When it does not, court authorization or confirmation is required.
  • Florida has no state income tax. For federal tax purposes, inherited property may receive a stepped-up basis under IRC §1014, so heirs should confirm basis, date-of-death value, improvements, and sale costs with a tax professional.
  • Beneficiary notice, creditor claims, court authority, and title requirements can all affect whether the personal representative can sign and when the house can close.
  • Florida is a non-community property state, estate distribution follows the decedent's will or, if no will, the state's intestacy laws under §732.

Legal Questions Specific to Your Situation

Can the personal representative sell the house during probate?

Often, yes. Florida Statute §733.613 allows a personal representative to sell without separate court authorization when the will grants a power of sale. Otherwise, court authorization or confirmation is required. The estate attorney and title company should confirm the authority before a closing date is promised.

What is summary administration in Florida?

Summary administration is a simplified probate process that may be available when the estate qualifies under Florida law. It can involve fewer steps than formal administration, but there is no reliable universal closing timeline. The estate attorney should confirm eligibility, authority to sell, and any order the title company will require.

Do I pay capital gains tax on an inherited house in Florida?

Florida does not have an individual state income tax. For federal taxes, inherited property may receive a stepped-up basis to fair market value at the date of death, but heirs should confirm basis, improvements, sale costs, estate facts, and reporting requirements with a tax professional.

Florida probate timing depends on the estate, court, creditor period, homestead issues, heirs, and whether anyone contests the process. Summary administration is usually simpler than formal administration, but exact timing and cost should come from your probate attorney. Florida does not have a state inheritance tax; federal estate-tax filing thresholds and basis rules should be confirmed with a tax professional.

2026 Florida Probate Statistics

Summary Admin 1–3 months
Formal Admin 9–12 months
Attorney Fee ($500K) ~$15,000 (3%)
State Estate Tax None (no state estate tax)
Cases/Year 67,000+ (2024)

Before deciding, check current local comparable sales, active inventory, insurance costs, title/payoff numbers, and repair estimates. Market-wide numbers can hide what is happening on your street.

Don't Wait on Probate

The longer you wait, the more it costs. Get a cash offer today and settle the estate quickly.

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Broward probate note

Selling a probate house in Tamarac or Broward County

If the inherited property is in Tamarac, Fort Lauderdale, Pompano Beach, Coral Springs, Hollywood, or another Broward city, the probate authority question is only one piece. You still need to check payoff, taxes, HOA or condo balances, repair scope, insurance, occupancy, and whether all required signatures can be cleared through the estate process.

Broward selling guide Tamarac sellers Probate sale question

We Handle This Situation in Every Florida County

See local market data and get a written cash offer in your county: