Selling a deceased relative’s home is rarely as simple as it first appears. Many families begin selling a house in probate believing a death certificate and a will are enough to transfer ownership, only to discover that no one yet has the legal authority to sign the deed.
Questions about timing, money, and next steps often arise. Florida law may require a formal court process before the property can be sold. As a result, probate becomes the critical path forward, especially when Florida homestead rules or creditor claims are involved.
This guide explains the Florida probate real estate process and the essential steps for selling a house in probate, including Letters of Administration, homestead determinations, court approval requirements, and completing a lawful, smooth sale.
Do You Even Need Probate To Sell The Home?
In Florida, whether probate is required depends on how the property is titled, not just whether a will exists. Ownership must legally transfer before a sale can occur.
Probate is usually not required if the home is held as:
- Joint tenancy with right of survivorship, where the surviving owner automatically receives full title
- Tenancy by the entirety, a form of ownership used by married couples in Florida
- Property owned by a trust, allowing the successor trustee to sell under the trust terms
- A Lady Bird deed (enhanced life estate deed), which transfers ownership automatically at death
Probate is usually required if the property is titled solely in the deceased person’s name, even when a will names an heir. Only the probate court process provides the legal authority needed to sell. For the official legal basis for probate administration in Florida, see the Florida Statutes – Probate Code (Chapter 733).
Summary Vs. Formal Administration In Florida Probate
Florida probate generally follows one of two legal paths, and the difference directly affects timing, cost, and the process of selling probate real estate.
Summary Administration
This simplified process is available when:
- The total estate value is under $75,000, excluding certain exempt assets, or
- The person has been deceased for more than two years
Formal Administration
When Florida real estate is involved, Formal Administration is the most common route.
In this process:
- The probate court appoints a Personal Representative, also called an executor
- The court issues Letters of Administration, the official document granting legal authority
These Letters allow the Personal Representative to:
- Sign listing agreements and purchase contracts
- Communicate with lenders and lienholders
- Resolve title issues
- Execute the deed transferring ownership to the buyer
Step 1: Open The Estate And Obtain Letters Of Administration
To proceed with selling a house in probate, the court must appoint a Personal Representative with legal authority to act for the estate.
Core steps:
- File the probate petition
- Court appoints the Personal Representative
- Court issues Letters of Administration
These Letters authorize the representative to sign contracts, resolve liens, and transfer title. Because court schedules and estate complexity vary, this stage may take time before a lawful sale can move forward.
Without Letters of Administration, the property cannot be legally sold.
Step 2: Determine Whether The Property Qualifies As Florida Homestead
Florida homestead is a legal protection, not just a tax benefit. It can directly affect creditor rights, ownership, and the ability to sell. Its constitutional protections are found in Article X, Section 4 of the Florida Constitution (Homestead; Exemptions)
Key points:
- Homestead property often requires a court order confirming status
- This typically occurs through an Order Determining Homestead
- Minor children, a surviving spouse, or heir disputes can complicate the process
- Title companies and lenders require correct homestead determination before closing
If homestead status is unresolved, title remains clouded and the sale may be delayed.
Step 3: Confirm Power Of Sale Or Court Approval Requirements
The Personal Representative must determine whether the will grants Power of Sale, which affects how quickly the property can be sold. Understanding these requirements helps streamline selling a house in probate and prevents legal complications during the transaction.
If the will includes Power of Sale:
- Non-homestead real estate can often be sold without a separate court order
- This may shorten the timeline by several weeks
If Power of Sale is missing, the property is homestead, or disputes exist:
- The representative may need to file a Petition for Order Authorizing Sale of Real Property
- Court review or a hearing may be required, extending the timeline
Sales to the Personal Representative personally usually require beneficiary consent and court approval at fair market value.
Step 4: Secure And Maintain The Property During Probate
The Personal Representative has a legal duty to protect the home while the estate is open, even when living out of state. Key responsibilities include:
- Maintain and secure the property, keep insurance and utilities current, and address safety or financial obligations such as mortgages, liens, or hazards.
- Monitor loan obligations, including reverse mortgages that may become due after death unless heirs satisfy the balance.
- Preserve the property’s condition to prevent loss, damage, or liability to the estate.
Step 5: Establish Fair Market Value And Complete The Estate Inventory
Proper documentation is essential for selling a house in probate without delays and ensures the sale is legally defensible.
This typically begins with:
- A professional appraisal or reliable market analysis
- Evidence supporting the listing price
- Documentation showing the Personal Representative acted reasonably
Probate also requires a formal estate inventory and accounting.
Step 6: Hire A Real Estate Agent Experienced In Probate Sales
When selling a house in probate, choose an agent who understands the legal and timing issues and can:
- Navigate court approvals, probate timelines, and creditor periods
- Structure offers that account for required authorization
- Market the property transparently and coordinate with attorneys and title companies
Florida law still requires disclosure of known material defects, even in an “As Is” probate sale.
Step 7: Accept An Offer And Follow Probate Sale Requirements
Most Florida probate real estate transfers proceed through private sale, with additional court steps layered onto a standard transaction.
After accepting an offer, the estate may need to:
- File a Notice of Proposed Sale
- Obtain court approval when required
Contract timelines must allow for probate review. Closing timeframes vary based on court schedules, estate complexity, and required approvals. In many Florida estates, closing may occur several months after death, with additional time needed after contract once legal authority is confirmed. Further guidance is available in How To Speed Up Florida Probate: The Ultimate Guide To Preventing Delays.
Step 8: Resolve Liens, Taxes, And Required Disclosures Before Closing
Before closing, the Personal Representative must clear:
- Mortgage balances
- Property taxes or tax certificates
- Code enforcement or municipal liens
- Outstanding HOA or condominium association balances
- Unpaid utility balances or title defects
Florida condominiums may require additional statutory disclosures, including:
- Milestone inspection information
- Structural Integrity Reserve Study data
- Reserve funding status
Missing required condo disclosures can allow a buyer to cancel the contract and recover the deposit, making early coordination with the association essential.
Step 9: Close The Sale And Distribute Estate Proceeds
At closing, the Personal Representative signs a Personal Representative’s Deed transferring title to the buyer. Following the proper procedures helps ensure selling a house in probate proceeds efficiently while protecting both the estate and the heirs.
However, sale proceeds do not go directly to heirs. Funds are deposited into the estate account and distributed according to Florida probate law.
Proceeds are typically used to pay:
- Valid creditor claims
- Estate administration expenses
- Taxes, if owed
- Other debts or liens
Only after these obligations are satisfied are remaining funds distributed to beneficiaries. Florida has no state inheritance tax. Heirs may also receive a federal stepped-up tax basis, which can reduce capital gains if the property is sold near the date of death.
Why Families Choose Selling A House In Probate
Selling during probate is common and often practical. Waiting can increase cost, risk, and family conflict.
Common reasons include:
- Cash needed for debts, taxes, or administration expenses
- Vacant property maintenance and insurance costs
- Disputes among heirs requiring a clean resolution
- Favorable market timing
- Liability and security risks tied to empty homes
Delaying probate can allow creditor pressure and carrying costs to grow, making early action financially safer in many estates.
Personal Representative Checklist For Selling A House In Probate
If you are responsible for the estate, focus on these core actions:
- Obtain certified death certificates
- Open probate and secure Letters of Administration
- Confirm homestead status and required court orders
- Secure, insure, and maintain the property
- Establish fair market value and document condition
- Hire a probate-experienced real estate agent
- Verify Power of Sale or obtain court approval to sell
- Resolve title issues, liens, taxes, and required disclosures
- Close the transaction and deposit funds into the estate account
- Pay valid claims and expenses before distributing to heirs
This sequence keeps selling a house in probate legally compliant and financially organized.
Out-Of-State Heirs And Florida Ancillary Probate
If the deceased lived outside Florida but owned Florida real estate, an ancillary probate case in Florida is usually required before the property can be sold.
This process may involve:
- Opening an ancillary probate proceeding in Florida
- Appointing or qualifying a Florida Personal Representative
- Obtaining Ancillary Letters of Administration to establish legal authority
Without Florida court authority, selling a house in probate cannot proceed, which is why out-of-state families often face unexpected delays.
The Ultimate Goal Of The Probate Sale Process
Probate can feel slow, but it serves a clear legal purpose.
It ensures:
- Proper authority to act for the estate
- Resolution of ownership or family disputes
- Payment of creditors in the correct order
- Lawful transfer of clear title
- Accurate distribution to heirs
The most reliable path is straightforward: open probate early, secure Letters of Administration, confirm homestead status, price the property realistically, and coordinate the sale with experienced legal and real estate guidance.
FAQs (Frequently Asked Questions)
Do I always need probate to sell a deceased relative’s Florida home?
Not always. Probate is usually unnecessary if title passes by survivorship, tenancy by the entirety, trust ownership, or a Lady Bird deed. It is typically required when the property was solely in the deceased person’s name.
What are the main probate types for Florida real estate?
Florida uses Summary Administration for smaller or older estates and Formal Administration for most real estate matters involving a court-appointed Personal Representative and Letters of Administration.
Why are Letters of Administration important?
They give the Personal Representative legal authority to manage assets, sign contracts, and transfer title. A death certificate alone cannot authorize a sale.
How does Florida homestead affect a probate sale?
Homestead property carries creditor protections and often requires an Order Determining Homestead before clear title can transfer, which may extend timelines.
What is Power of Sale in a will?
A valid Power of Sale may allow the Personal Representative to sell non-homestead property without separate court approval. Without it, court authorization is usually required.
What duties does the Personal Representative have for the home?
They must secure, insure, maintain, and financially protect the property until the probate process is complete.
Contact a Florida Probate and Estate Lawyer Today
Selling a home during probate can be complex, involving court approvals, homestead determinations, and proper transfer of title. Working with an experienced Florida probate attorney helps ensure the process is completed correctly, minimizes delays, and protects the estate and beneficiaries from legal or financial complications.
With decades of combined experience, our team has been recognized by Best Lawyers® and the Tampa Bay Times’ “Best of the Best for Estate Law.” We guide families through every step of probate real estate sales with clarity, precision, and a focus on protecting both the estate and your family’s long-term interests.
Schedule a free consultation today to ensure your probate sale complies with Florida law and secures the best possible outcome for your family.
