Sell Your Probate or Inherited House in Florida

Last updated: October 10, 2026

Single-story orange house with a front lawn and attached garage

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.

Get My Cash Offer

Single-story house with a covered driveway and front lawn

Quick Answer

Can you sell a house in probate in Florida? Often, yes, once the personal representative's authority is clear. Under Florida Statute 733.613, a sufficient power of sale in the will can allow a sale without separate court authorization. A missing power, or a power limited by the will or law so that it cannot be exercised as needed, requires court authorization or confirmation. The 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: October 10, 2026

What to compare in any buyer's offer

Price and proceeds: Compare the purchase price after seller-paid costs, payoffs, taxes, and agreed credits. Ask which figures are estimates and who will confirm them.
Buyer and contract: Verify the named purchaser, available closing funds, deposit, inspection rights, cancellation terms, and any assignment rights before signing.
Closing requirements: Confirm who can sign and what title, probate, occupancy, and court requirements remain. A promised date is only useful when the contract addresses those dependencies.

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Closing Funds Documentation

Ask any buyer, including us, for documentation of available closing funds before you sign. Confirm the named purchaser with the closing agent.

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Keep the Property Protected While Probate Is Pending

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.

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 closing agent coordinates closing, payoffs, deed recording, and where proceeds must be paid. The estate attorney confirms any restrictions on later distribution.

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

A Hypothetical Family Decision

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.

What Actually Happens When You Inherit a Florida House

If you inherited a Florida house and live elsewhere, start by finding out who may authorize access, repairs, and a sale. Gather the deed, estate documents, attorney's contact information, and any court orders. A relative's willingness to sell is not a substitute for authority to sign.

Make a list of the property's actual bills: mortgage payments, taxes, insurance, association charges, utilities, and maintenance. Record due dates and who is authorized to pay them. Ask the insurer whether the current occupancy and condition are covered; do not assume the deceased owner's policy continues unchanged.

Arrange an authorized property check before committing to a repair budget. Roof leaks, water damage, electrical issues, and overdue maintenance can affect repair costs, insurance, and a buyer's financing. An inspection problem does not automatically rule out a listed sale. Ask the agent, insurer, or buyer's lender what would need to be resolved.

Compare the sale options using the same facts

List in its current condition. Confirm who can sign the listing agreement, then request a price analysis and seller net estimate. Ask about disclosures, access, showings, buyer financing, and proposed inspection terms. Repairs or a full cleanout are not automatically required to list a house.

Repair before listing. Obtain written bids, check permits, and agree on who approves spending and supervises the work. Compare the expected extra sale proceeds with repairs, selling expenses, and the cost of holding the property while work is completed.

Compare a direct as-is offer. We can review the property's condition and provide written purchase terms. The contract should address price, deposit, inspection or cancellation rights, seller costs, contents, and closing conditions. A direct offer may be lower than a listed sale; compare the likely proceeds and responsibilities before choosing.

What to gather before requesting an offer

The property address, known condition, occupancy, and arrangements for authorized access.
The estate attorney's contact details and documents showing who may sign. Keep private estate and identity documents off public forms.
Mortgage statements, tax bills, association notices, known liens, and any court or foreclosure deadlines for the attorney and closing agent to review.
The family's preferred timing and any unresolved questions about belongings, occupants, or sale proceeds.

The inherited-house guide helps compare ownership and sale decisions. For the contract and closing sequence, read our probate-sale guide.

For a written as-is offer, call (561) 258-9405 or use the form below. We can discuss the property while probate is pending; the attorney and closing agent still need to confirm the seller's authority and closing requirements.

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 sufficient power of sale in the will can permit a sale without separate court authorization. If that power is absent, or limited by the will or law so it cannot be exercised as needed, 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.

Sources: Florida Statute §733.613 · IRS: Inherited Property Cost Basis

Legal Questions Specific to Your Situation

Can the personal representative sell the house during probate?

Often, yes. Under Florida Statute §733.613, a sufficient power of sale in the will can permit a sale without separate court authorization. Court authorization or confirmation is required if that power is absent, or limited by the will or law so it cannot be exercised as needed. 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.

Get written costs and a case-specific closing target

Ask the probate attorney what work is included in the fee agreement and what may be charged separately. Florida Statute 733.6171 provides a presumed-reasonable schedule for ordinary services in formal administration; it is not a mandatory fee. Fees may be negotiated, and work on a real-estate sale can be an extraordinary service. The house's asking price alone does not determine the estate's legal bill.

Have the closing agent identify outstanding title, payoff, signature, and court-document requirements before selecting a closing date. Selling the house does not by itself finish probate or authorize distribution of the proceeds. Confirm with the estate attorney where the funds must go and what remains to be resolved.

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