Selling a House During Probate in Florida: The Complete Legal Guide

Can you sell a house during probate in Florida? Yes. In fact, selling real estate is one of the most common actions taken during the probate process.

Selling a house during probate in Florida is legally permitted, but it must follow the probate property sale process.

Many families ask, can you sell a house during probate in Florida without court approval? The answer depends on the type of administration, the authority granted to the Personal Representative, and whether the property qualifies as homestead.

Florida probate real estate sales often involve inherited homes that must be liquidated to pay creditors, distribute proceeds to beneficiaries, or simplify estate administration.

When selling inherited property in Florida, timing, notice requirements, and compliance with Florida probate statutes are critical to avoid delays, objections, or invalid transfers.

However, unlike a standard real estate transaction, selling a home in probate requires strict adherence to Florida laws, specifically regarding court authority, homestead status, and creditor notifications.

At Lorenzo Law, we specialize in guiding Personal Representatives and families through these complex transactions. This guide explains exactly how to sell inherited property, the timeline involved, and the legal pitfalls you must avoid.

The Basics: What Does “Selling in Probate” Mean?

Selling a house during probate means transferring ownership of real estate owned by a deceased person (the decedent) to a buyer before the probate case is officially closed.

In Florida, “Executors” are legally referred to as Personal Representatives.

Before a house can be sold, the probate court must appoint a Personal Representative and issue Letters of Administration. This document acts as the legal “key,” granting the authority to manage the estate’s assets.

In the context of selling a house during probate in Florida, this authority is essential to comply with the probate property sale process.

Most Florida probate real estate transactions cannot proceed without valid Letters of Administration, as title companies and buyers rely on them to confirm legal authority.

When selling inherited property in Florida, the Personal Representative must also ensure the sale aligns with court requirements, creditor deadlines, and any homestead protections that may restrict or condition the transfer.

Why Is It Different From a Regular Sale?

Court Oversight: The transaction often requires judicial review to ensure fairness to heirs and creditors.
Title Issues: You must clear specific probate title requirements to ensure the buyer receives “marketable title.”
Homestead Protections: Florida’s constitutional homestead laws place restrictions on how a primary residence can be sold, often requiring consent from the surviving spouse or heirs.

Who Has the Authority to Sell?

Not everyone can list a house for sale just because they are named in a Will.

1. The Personal Representative

Only the individual appointed by the court and holding Letters of Administration has the legal standing to sign a listing agreement or a deed. Under Florida Statute 733.612(2), Personal Representatives generally have broad powers to sell estate property.

2. The Exception: Homestead Property

If the property was the decedent’s primary residence, it likely qualifies as Homestead.

The Restriction: The court’s power over Homestead property is limited.
The Requirement: You generally cannot sell Homestead property without the written consent of the qualified heirs (and surviving spouse). You may need a specific Order Determining Homestead before the sale can close.

Legal Tip: Never sign a real estate contract as “Heir.” You must sign as “Personal Representative of the Estate of [Name].” If you haven’t been appointed yet, contact Lorenzo Law immediately to file the necessary petitions.

For Non-Residents: What is Ancillary Probate?

Do you live out of state but inherited a vacation home in Florida? This is a common scenario for “snowbirds” from New York, New Jersey, and the Midwest.

Many families assume that if they open probate in the deceased’s home state, it automatically covers the Florida property. It does not.

Because real estate is governed by the laws of the state where it is located, you cannot sell Florida property using “Letters Testamentary” from another state.

To proceed with selling a house during probate in Florida when the decedent was a non-resident, an ancillary probate must be opened in Florida.

Ancillary administration is a separate Florida probate case that authorizes the sale of Florida probate real estate under Florida law.

Without it, the probate property sale process cannot legally move forward, and title companies will not insure the transaction.

This step is essential when selling inherited property in Florida, especially for out-of-state heirs asking, can you sell a house during probate in Florida if probate is opened elsewhere?

The answer is no—Florida requires its own court authority, typically guided by an experienced Florida probate lawyer.

You must open a separate proceeding called Ancillary Probate Administration.

The Process: We file a petition in the Florida county where the property is located and ask the court to recognize the “Foreign Personal Representative” appointed in the home state.
The Goal: The Florida court issues “Ancillary Letters of Administration,” giving you the legal authority to sign the deed and close the sale here.
Why You Need a Local Attorney: Ancillary probate has specific procedural rules. At Lorenzo Law, we regularly work with out-of-state families to clear title and sell Florida vacation homes efficiently, often without you ever needing to travel to Florida.

When Should You Sell During Probate?

Timing matters when selling a house during probate in Florida, and the decision should be guided by the probate property sale process.

In many Florida probate real estate cases, selling earlier in the administration helps cover estate expenses, satisfy creditor claims, and prevent ongoing maintenance costs from draining estate funds.

When selling inherited property in Florida, market conditions, homestead status, and beneficiary agreements all play a role in determining the optimal moment to sell.

Families frequently ask, can you sell a house during probate in Florida before final distribution?

Yes—but only if the Personal Representative has proper authority and the sale aligns with statutory requirements and court oversight.

Families often choose to liquidate real estate assets for the following reasons:

Liquidity Needs: The estate needs cash to pay debts, taxes, or legal fees.
Asset Protection: The house is vacant, and the estate cannot afford ongoing costs (insurance, utilities, mortgage, HOA fees).
Heir Disputes: Multiple beneficiaries cannot agree on who keeps the house, so selling and splitting the proceeds is the only equitable solution.
Market Conditions: Capitalizing on a seller’s market to maximize the inheritance value.

Can You Sell a House During Probate? Managing Probate Real Estate in Probate Court

When families ask, “Can you sell a house during probate?”, the answer depends on navigating the specific legal landscape of the probate court.

Whether you are dealing with a complex formal probate process or a simpler situation, managing probate real estate requires strict adherence to state law and legal requirements.

The probate house is often the most valuable asset in a deceased person’s estate, making the correct handling of the sale critical for all parties involved.

The Formal Probate Process vs. Informal Probate Process: Which Applies?

The legal process typically begins when the probate court appoints a Personal Representative (or estate executor) to manage the deceased’s assets.

In Florida, most real estate sales occur under the formal probate process (known as Formal Administration).

This formal process provides the legal authority needed to manage probate proceedings and sell property.

While some jurisdictions utilize an informal probate process, Florida generally uses “Summary Administration” for smaller estates, which functions similarly to an informal process or informal probate.

Regardless of whether you are in a formal or informal probate scenario, probate law dictates how you proceed.

To avoid probate complications, it is vital to work with probate lawyers or an estate planning attorney.

They ensure that court documents are filed correctly and that the probate real estate is handled according to the decedent’s estate plan.

If the property is jointly owned or if family members disagree, the probate proceedings become the venue to resolve these issues before selling property.

How to Obtain Court Approval for a Probate House Sale

To successfully have a property sold, the estate executor or probate agent must usually obtain court approval unless the will grants specific powers of sale. This starts with having the property appraised.

A professional appraisal establishes the property’s fair market value (or appraised value) to ensure the estate receives a fair price.

An experienced real estate agent—specifically a probate agent or real estate agent familiar with these transactions—is essential.

Unlike a traditional home sale, a probate sale requires the agent to understand court date timelines and how to market the property effectively to potential buyers.

When an executor sell a house, they must ensure the homeowner’s insurance policy is current and mortgage payments are maintained to protect the asset.

Once an offer is accepted, the probate court reviews the contract to ensure the property sale is in the best interest of the estate.

The attorney will notify beneficiaries and ensure all beneficiaries informed of the sale terms. If beneficiaries approval is required or if rightful heirs object, the judge will review the court documents before signing the order.

Understanding the Bidding Process and Informal Probate Considerations

In some cases, the court may require a bidding process (or overbid process) to maximize the sale proceeds, though private sales are more common in Florida.

The primary goal of the sale is often to settle debts. The sale proceeds are first used to pay outstanding debts, taxes owed, and estate debts.

Only after debts owed are satisfied can you focus on distributing assets.

A successful sale results in liquid cash. The probate court oversees distributing proceeds to ensure creditors are paid before remaining proceeds go to the heirs.

Whether using a formal probate process or a simpler informal probate path, the remaining assets must be protected.

By working with an experienced real estate agent and legal counsel, you ensure the deceased person’s estate is closed efficiently, with all taxes owed paid and the rightful heirs receiving their inheritance.

Step-by-Step: How to Sell a House in Probate in Florida

If you are the Personal Representative, follow this checklist to ensure a legal and profitable sale.

Step 1: Obtain Letters of Administration You cannot legally transfer the property without them. Work with a Florida probate attorney to open the estate (Formal or Summary Administration).

Step 2: Determine Homestead Status This is the most critical step. Consult your attorney to determine if the property is Homestead. If it is, you will likely need to file a Petition to Determine Homestead Status and obtain consents from all heirs before closing.

Step 3: Secure the Property As the fiduciary, you must protect the asset. Change the locks, maintain insurance coverage, and ensure utilities are paid.

Step 4: Appraisal and Inventory You must establish the Fair Market Value (FMV) of the home. This protects you from claims that you sold the property for too little. An appraisal or a detailed Comparative Market Analysis (CMA) from a realtor is essential. Remember, a court-approved appraiser determines the fair market value of the property in many formal proceedings, and selling significantly below this value may require a reasonable explanation to the judge.

Step 5: Hire a Probate-Experienced Realtor Do not use just any agent. You need a realtor who understands probate addendums, specific disclosure clauses, and the necessity of “Court Approval” contingencies in the contract.

Step 6: List and Market the Home Transparency is key. The listing should clearly state that it is a probate sale. This manages buyer expectations regarding timelines.

Step 7: Contract and Notice Once you accept an offer, your attorney may need to provide a Notice of Proposed Sale to all interested parties (heirs and creditors). They generally have 30 days to object.

Speeding Up the Sale: The “Power of Sale” Clause

Does the Will allow you to skip court hearings? One of the most powerful tools in a Florida probate sale is a specific provision in the Will known as the “Power of Sale.” If the decedent’s Will explicitly grants the Personal Representative the power to sell, lease, or encumber real property, you may be able to sell Non-Homestead property (like a rental unit or investment land) without needing a separate court order approving the transaction.

The Benefit: This saves weeks of delay and legal fees because you do not have to petition the court for every single step of the sale.
The Homestead Exception: Warning—even with a “Power of Sale” clause, Homestead property almost always requires a court order (Order Determining Homestead) to verify the status and identify the rightful heirs before title can transfer.

Step 8: Court Approval (If Required) If the Will does not grant specific power of sale, or if it is a Homestead property with minor heirs or disputes, we must file a Petition for Order Authorizing Sale of Real Property (per Florida Statute 733.613).

Step 9: Closing and Distribution At closing, you will sign a Personal Representative’s Deed. The proceeds usually go into the estate’s restricted bank account first to pay valid creditor claims and taxes before the final distribution to heirs.

Selling an Inherited Condo: Critical 2025 Law Changes

Owning a condo in Florida just got more complex. If the estate property is a condominium, strict new Florida laws (HB 913, SB 4D, and SB 1742) effectively reshape the market in 2025.

Passed in response to building safety concerns, these laws require sellers to provide rigorous new disclosures.

When selling a house during probate in Florida, a condominium is treated differently than a single-family home.

Florida probate real estate involving condos now carries additional statutory disclosure obligations that directly affect the probate property sale process.

Personal Representatives responsible for selling inherited property in Florida must coordinate not only with the probate court, but also with the condominium association to obtain required reports and financial disclosures.

While families often ask, can you sell a house during probate in Florida if the property is a condo, the answer is yes—but only if these new legal requirements are satisfied before closing.

As a Personal Representative, you must be aware of these three “Deal Killers”:

Milestone Inspection Disclosures: For buildings 3 stories or higher and 30+ years old (25 years near the coast), you must provide a copy of the building’s structural inspection report to the buyer.
Structural Integrity Reserve Studies (SIRS): You must disclose the status of the association’s reserve funds for critical components like roofs and foundations.
Non-Waiver of Reserves: As of 2025, condo boards can no longer vote to waive reserves for structural items. This means HOA fees for many older units are increasing dramatically to catch up.

Why This Matters: If you fail to provide these specific 2025 disclosures, the buyer may have the statutory right to void the contract (cancel the deal) and get their full deposit back, even days before closing.

We ensure your contract includes the correct addenda to protect the estate from a failed sale.

The Executor’s Guide: Managing Petitions, Mortgages, and Proceeds

Selling a house in probate is not just about finding a buyer; it is about following strict legal protocols.

As the Personal Representative, you have specific duties that must be executed with precision.

Hiring inexperienced professionals can complicate the probate sale process, so understanding these rules is vital.

When selling a house during probate in Florida, the Personal Representative must comply with the probate property sale process, including filing the proper petitions with the probate court and securing authority to sell.

Florida probate real estate transactions often involve existing mortgages, liens, or property taxes that must be addressed before closing.

When selling inherited property in Florida, sale proceeds cannot be distributed immediately; they must be deposited into the estate account and handled according to creditor deadlines and court approval requirements.

Many executors ask, can you sell a house during probate in Florida and pay beneficiaries right away?

The answer is no—funds are governed by strict statutory rules, and guidance from a Florida probate lawyer helps ensure compliance and avoid personal liability.

Authority and Court Petitions

The need for probate often depends on how the title is held. If the deed to the property is in the sole name of the deceased, it must go through probate, whether or not the decedent had a will.

Once appointed, you cannot simply sell the home on a whim. The executor must petition the probate court requesting permission to sell the property, and this formal legal document must include detailed information about the house and reasons for the sale.

In Florida, the executor generally needs approval from the probate court to sell a house during probate but doesn’t necessarily need approval from all beneficiaries. However, court oversight remains strict.

Once the petition is filed, the court will review the request, which may require additional information or documentation.

Preparing the Property for Sale

Your role involves more than just signing documents. The executor’s responsibilities include preparing the house for sale, selecting a real estate agent, and finalizing the sale.

Practical management is key to maximizing value. The executor must prepare the house for sale, which may include decluttering and making necessary repairs.

It is crucial to remember that the timeframe for selling a house in probate can vary but typically takes several months to over a year, depending on various factors.

Handling Mortgages and Financial Distribution

Many families worry about existing liens on the property. If a house has a traditional mortgage, the personal representative can sell it and pay off the mortgage using the proceeds.

The flow of money at closing is strictly regulated by Florida law.

The proceeds from the sale of a house in probate must first be used to pay off any outstanding debts, including mortgages, before being distributed to beneficiaries.

You cannot distribute funds until creditors are satisfied. The executor must ensure that the sale proceeds are distributed according to the deceased’s will or state laws.

Timeline and Costs

How long does it take?

Standard Probate Sale: 4 to 12 months from the date of death to closing.
Issuance of Letters: Typically 30–90 days after filing the initial petition.
Contract to Closing: 30–60 days (allow extra time if court hearings are required).

What are the costs?

Realtor Commissions: Standard 5–6%.
Attorney Fees: Varies by complexity. Florida law presumes reasonable fees based on the estate value, but flat fees or hourly rates are also common.
Court Costs: Filing fees, publication costs, and certification fees.
Personal Representative Fee: Florida law allows a commission (starting at 3% for the first $1M) for your work.

Common Myths About Probate Sales

Myth: You have to wait until probate is completely closed to sell. Reality: False. Most properties are sold during the active probate administration.

Myth: All heirs must agree to the sale. Reality: Not always. For Non-Homestead property, a Personal Representative with power of sale often acts without unanimous consent (though notice is required). For Homestead, consent is usually necessary.

Myth: You can sell “As-Is” without disclosures. Reality: While you can sell “As-Is,” as a Personal Representative, you still have a duty to disclose known material defects that are not readily observable.

Myth: Having a Will Avoids Probate. Reality: This is one of the biggest misconceptions. If the deed to the property is in the sole name of the deceased, it must go through probate, whether or not the decedent had a will. A Will simply tells the judge who you want to receive the asset; it does not transfer the title automatically.

Myth: All Property Must Go Through Probate. Reality: Not necessarily. If a house is held in a trust, the trustee can sell or transfer the house according to the terms of the trust without any probate court involvement. Similarly, a house does not have to go through probate if it is jointly owned with rights of survivorship; in that case, the surviving owner automatically takes ownership.

Frequently Asked Questions (FAQ)

Can I sell my deceased parent’s house without probate? Generally, no. Unless the property was held in a Trust, or as “Joint Tenants with Rights of Survivorship,” or via a specific deed like a Lady Bird Deed, probate is required to transfer the legal title to a buyer.

What is the difference between Summary and Formal Administration? Summary Administration is a faster process for estates worth less than $75,000 or if the decedent has been dead for more than two years. Formal Administration is the standard process for most properties and provides a Personal Representative with the specific powers needed to negotiate and sell real estate.

Can the executor sell the house to themselves? This is considered “self-dealing.” While not strictly illegal, it is highly scrutinized. You generally need full written consent from all beneficiaries and a court order approving the sale at fair market value to avoid future lawsuits.

Do I pay taxes on the sale of an inherited house? Florida has no state inheritance tax. Federally, heirs usually benefit from a “stepped-up basis.” This means the house is valued at the date of death, not the date it was originally bought. You generally only pay Capital Gains tax on the increase in value between the date of death and the date of sale.

What if the house has a Reverse Mortgage? Time is critical. If the house has a reverse mortgage, it must be paid off in full within a short time frame after the homeowner’s death, usually necessitating the sale of the house. You should contact a probate attorney immediately to communicate with the lender and avoid foreclosure.

What happens if family members wait too long to open the estate? Delaying can be risky. If family members do not open an estate within a specified time frame, creditors can nominate someone to serve as personal representative and sell the house to satisfy debts. It is safer for the family to retain control by opening probate proactively.

What are my responsibilities regarding the property condition? Leaving a house vacant for an extended period can lead to maintenance issues and potential fines. While you typically sell ‘as-is’ (with full disclosures about known issues), the executor’s responsibilities include preparing the house for sale and ensuring it is secure. Mishandling real estate disclosures can result in legal repercussions for the seller.

Why do I need to keep such detailed records? The executor must maintain meticulous records throughout the probate process to answer to the court and beneficiaries for their actions. Because the executor has a fiduciary duty to ensure the sale price is fair and in the estate’s best interest, having proof of how you marketed the property and negotiated the price is your best defense against beneficiary disputes.

Why Choose Lorenzo Law?

Selling a home in probate is not just a real estate transaction; it is a legal procedure. One mistake regarding Homestead rights or creditor notices can cloud the title or lead to personal liability for the Executor.

When selling a house during probate in Florida, experience matters. The probate property sale process is unforgiving, and Florida probate real estate transactions routinely fail due to avoidable legal errors.

If you are selling inherited property in Florida, or asking can you sell a house during probate in Florida without court problems, the answer depends on having proper legal guidance from the start.

Our role is to protect the estate, the Personal Representative, and the closing itself.

Lorenzo Law offers:

Statewide Representation: Whether the property is in Miami-Dade, Broward, Port St. Lucie, or anywhere in Florida, we can handle the case.
Specialized Focus: We are not generalists. We focus on Probate, Estate Planning, and Guardianship law.
Efficiency: We understand that time is money. We work aggressively to clear title issues and obtain court orders so your sale doesn’t fall through.

Don’t navigate this alone. If you are a Personal Representative or an heir wondering about your rights, contact us today.

Schedule Your Consultation

Don’t navigate probate property sales alone. Contact a Florida probate attorney at Lorenzo Law to discuss your situation. Whether you are in Miami, Fort Lauderdale, West Palm Beach, Port St. Lucie, or anywhere in Florida, we are here to help.

Call us today to speak with a Florida estate lawyer about selling inherited property during probate.

We offer consultations to explain your options, timeline, and costs. Let us provide the guidance from an experienced Florida probate lawyer that you need to sell your property legally and protect all parties’ interests.

Whether you are selling a home in probate in Florida or asking “can you sell a house during probate in Florida?“, expert legal guidance is essential.

Contact me right now! We offer consultations to explain your options, timeline, and costs.