Probate Property Sales in Florida: Expert Answers

Probate is the court-supervised process of identifying a deceased person's assets, paying their debts, and distributing what remains to heirs or beneficiaries. In Florida, probate runs through the circuit court of the county where the decedent lived. When the estate includes real estate, probate is also how the legal authority to sell the home is established.

Florida probate is administered by the circuit court under the Florida Probate Rules and the Florida Statutes, with two main paths: formal administration for larger or more complex estates, and summary administration for smaller estates or when the decedent has been dead more than two years. A personal representative, Florida's term for executor, is appointed in formal cases. The court's handbooks and rules govern each step.

Source: Florida Courts, Alternatives to Formal Administration, verified October 2026

The personal representative, commonly called the executor, is the person the court appoints to administer the estate, and they are named in the will or appointed by the court when there is no will. Their duties include collecting and preserving the assets, filing an inventory, paying debts, and distributing the remainder. The court issues Letters of Administration that prove their authority, including the authority to sell real estate.

Source: 17th Judicial Circuit, Personal Representative's Handbook, verified October 2026

Yes, a family member is the most common choice: Florida law gives preference to the person named in the will, and when there is no will, the surviving spouse and close relatives have priority in the order the statute sets. The court must approve the appointment and may consider conflicts of interest. Most estates are administered by a spouse, child, or sibling, often with a professional or attorney co-representative for complex estates.

Formal administration is the full probate process for larger or more complex estates, and it is required whenever creditor claims are still active within the two years after death. The court appoints a personal representative, who must file an inventory, notify creditors, pay claims, and distribute assets. Formal administration typically runs about 6 to 18 months, and it is the path most estate sales follow.

Source: Florida Courts, Alternatives to Formal Administration, verified October 2026

Summary administration is the simplified Florida probate path for smaller estates, available when the estate value, less exempt property, does not exceed the statutory threshold, or when the decedent has been dead more than two years. No personal representative is appointed; the court distributes the assets directly to the beneficiaries. In an uncontested case it can finish in weeks to a couple of months.

Source: Florida Courts, Alternatives to Formal Administration, verified October 2026

Formal administration typically runs about 6 to 18 months in an uncontested case, driven by the inventory, the creditor notice period, and the distribution steps. Summary administration can finish in a few weeks to a couple of months. There is no fixed statutory completion date, so the actual timeline depends on the estate's complexity and the court's calendar. Selling the real estate can run on either track.

Source: Florida Courts, Alternatives to Formal Administration, verified October 2026

A Florida probate attorney handles the court filings and legal steps while the personal representative makes the estate decisions, and the two work together through the process. In formal administration, the personal representative generally must be represented by a Florida attorney unless they are the sole interested person. The real estate agent handles the sale side once the authority to sell exists.

Yes. Florida law gives the personal representative the power to sell estate real property, and if the will grants a power of sale, the sale can proceed without separate court approval. Without a power of sale, the court must authorize or confirm the sale. Either way, the sale must be in the best interest of the estate, and the proceeds become part of the estate for distribution.

Source: Florida Statutes, Section 733.613, verified October 2026

It depends on the will and the estate. If the will grants the personal representative the power to sell real estate, no separate court order is needed; otherwise the court must authorize the sale, and the sale is later reported and confirmed in the probate case. Your probate attorney will tell you which path your estate is on before the home is listed.

Source: Florida Statutes, Section 733.613, verified October 2026

The agent handles everything a normal sale involves, pricing, marketing, showings, offers, and negotiations, plus the probate-specific pieces: working with the personal representative and attorney, timing the listing to the court schedule, and pricing an often dated, occupied, or cluttered property accurately. Kelby has sold estate properties in every condition, and the process is methodical, not intimidating.

An estate sale is a property sale conducted by the personal representative or beneficiaries during probate, with the proceeds going to the estate and eventually to the heirs. The difference from a normal sale is legal authority, paperwork, and often condition and timeline, not the marketing or negotiation. The home itself sells the same way, through the same contract and closing process.

A fiduciary duty is the legal obligation the personal representative owes to the estate's beneficiaries and creditors: to act honestly, prudently, and in the estate's best interest, not their own. It governs everything from how the home is priced to how offers are accepted. Selling too fast at a low price, or favoring one heir, can breach that duty, which is why the process is documented.

The mortgage stays with the property: heirs do not personally owe it unless they assumed it, but the lender must be paid or the loan must be dealt with at sale. The estate or the heirs can continue payments, pay off the loan from sale proceeds, or, in some cases, modify the loan. Your attorney and lender should map the options early.

Yes. The sale proceeds pay off the mortgage first, and the remaining equity goes to the estate for distribution. The lender must be paid at closing from the proceeds, and the mortgage will be released from the title. Selling is often the cleanest way to resolve an inherited mortgage that the family does not want to keep paying.

Heirs generally receive a stepped-up basis, meaning the home's tax basis becomes its value at the date of death, which can eliminate or greatly reduce the gain on a prompt sale. Florida has no state income tax, so the exposure is federal. The rules have details, especially for trusts and partial interests, so your CPA should confirm the numbers for your inheritance.

Probate costs include the court filing fees, the attorney's fee, the personal representative's fee, and costs like appraisals and publication of the creditor notice, all paid from estate assets. The total varies widely with the estate's size and complexity. The estate's value, not the family's cash, funds these costs, and the home sale often provides the liquidity.

The estate's assets, including the proceeds of a home sale, pay the decedent's valid debts, taxes, and administration expenses, in the order the law sets. Creditors have a window to file claims after the notice is published. The personal representative is responsible for paying the valid claims before distributing the remainder, and the distribution comes only after the debts are settled.

A notice to creditors is the published and served notice that tells the decedent's creditors they have a limited window, generally three months from first publication, to file claims against the estate. Claims filed after the window can be barred. The notice protects the estate and the heirs, and the personal representative must complete it correctly or face personal exposure.

Source: 17th Judicial Circuit, Personal Representative's Handbook, verified October 2026

The inventory is the court-filed list of the estate's assets and their values, which the personal representative must prepare within 60 days of receiving Letters of Administration. The real estate is listed with its appraised or estimated value. The inventory gives the court, the beneficiaries, and the creditors the estate's financial picture.

Source: 17th Judicial Circuit, Personal Representative's Handbook, verified October 2026

When someone dies without a will, Florida's intestate succession statute determines who inherits, typically the spouse and children in a defined order. Probate still runs, the court appoints a personal representative, and the same administration process applies. The estate plan is fixed by statute instead of the decedent's wishes, which is why a will is worth having.

Intestate succession is Florida's statutory order of inheritance when there is no will: the surviving spouse and descendants generally share the estate in the proportions the law sets, with more distant relatives inheriting only if no closer relatives exist. It is a one-size-fits-all distribution that ignores personal wishes. An attorney should confirm who inherits under the specific family tree.

Florida's constitution gives homestead property special protections: it generally passes to the surviving spouse or heirs, and it is exempt from the claims of most creditors. The home and its proceeds can be protected from estate creditors in ways other assets are not. Homestead treatment is one of the most important and misunderstood parts of Florida probate, and it needs an attorney's review.

Source: Florida Courts, Alternatives to Formal Administration, verified October 2026

Only the personal representative, or the beneficiaries themselves in summary administration, has the authority to sell, and heirs cannot individually list a home that belongs to the estate. In summary administration, the court can distribute the property directly to the beneficiaries, who then own it and can sell it freely. Until the authority exists, the listing must wait.

When co-owners disagree, the property can be stuck: one heir wants out, the other wants to keep the home. Options include one heir buying out the other, selling and splitting the proceeds, or, as a last resort, a court-ordered partition sale. Partition is expensive and slow, so families almost always negotiate first. The earlier everyone talks, the cheaper the resolution.

A partition sale is a court-ordered process to sell property that co-owners cannot agree to sell voluntarily, with the proceeds divided among the owners according to their shares. Florida law allows any co-owner to file for partition. It is a legal remedy of last resort, and the sale can happen at unfavorable terms, which is why agreement is so much better than partition.

Heirs can live in the home while the estate is administered, but the property remains an estate asset, and the estate typically must pay for the insurance, taxes, and upkeep, or the occupant must. If the home is sold, the heirs must vacate by closing. The personal representative and the beneficiaries should agree on occupancy terms in writing early.

If the estate lacks cash for taxes, insurance, and maintenance, the home often must be sold sooner rather than later, or the heirs contribute funds with the expectation of reimbursement at closing. Deferred maintenance on a vacant home gets worse every month. Selling the estate property is frequently the fastest way to stop the cash drain.

A probate listing is a normal MLS listing with an extra layer of documentation: the estate's authority to sell, any required court approval, and disclosures about the property's condition, which is often dated, occupied, or cluttered. Buyers should expect as-is condition and a potentially longer timeline. The pricing reflects the condition, and the marketing is the same professional process.

Most are. The personal representative typically sells the estate home as-is because the estate does not want to spend money repairing a home it is selling, and the law usually protects the estate from claims that come with proper disclosure. Buyers still get an inspection to know what they are buying. Price the condition in, and the process is straightforward.

The agent needs the Letters of Administration or the court order authorizing the sale, proof of the personal representative's authority, and the contract documents signed by the personal representative, not an heir who lacks authority. The attorney and the agent coordinate these before the listing goes live. Getting the paperwork right is the difference between a smooth sale and a stalled one.

The main risks are condition, since estate homes are often sold as-is with deferred maintenance, and process, since the sale may require court approval or the estate's attorney may move slowly. Title is typically clean because the probate process clears it, and the estate usually sells through a normal contract with an inspection. Buyers who inspect thoroughly and plan for timing do fine.

In Florida, whether a sale needs court approval depends on the will and the estate: a will with a power of sale allows the personal representative to sell without separate court approval, while other sales must be authorized and reported to the court. When court approval is required, the hearing schedule can add weeks to the timeline. Your attorney sets the expectation up front.

Probate property is priced the same way any home is, against comparable sales, adjusted for condition, and it is often priced more aggressively because estate homes tend to need work and the estate wants a timely sale. An appraisal may be required for the estate's tax filings and the inventory. The agent's job is a price that moves the home in the estate's time frame.

Probate is the court process for transferring the estate's assets, including the real estate, while a tag sale, sometimes called an estate sale, is the separate sale of the household contents, furniture, and personal items. The house and the contents are usually handled independently: the agent sells the home, and a tag sale company sells the furnishings. Both are common after a death.

Yes, probate homes are bought by regular buyers every day, with a normal contract, an inspection, and financing in most cases. The differences are the as-is condition, the possible court approval timeline, and the estate's need to document everything. The Current Listings page includes estate properties when they are active, and Kelby can flag them for you.

Budget for condition: estate homes often need updates the photos do not reveal, and they sell as-is. Get a full inspection, check the flood zone and insurance costs like any Florida purchase, and plan for a timeline that may include court scheduling. The discount, when it exists, is compensation for the condition and the process, so do both pieces of homework.

The sale itself closes on a normal 30- to 45-day contract schedule, but the lead-up depends on the estate: the authority to sell must exist, and any court approval must be scheduled. In a summary administration or a will with a power of sale, the sale can move quickly; in a contested or court-dependent case, it stretches. The attorney's calendar is the variable.

The estate may owe federal capital gains tax on appreciated assets, though the stepped-up basis typically minimizes or eliminates it, and Florida has no state income tax, no estate tax, and no inheritance tax. There may also be documentary stamp tax on the transfer and income tax on any estate income. Your CPA and the probate attorney should map the estate's tax picture.

Start with a Florida probate attorney to open the estate and establish the authority to sell, then bring in an agent to price and market the home while the paperwork runs. The two tracks, legal and real estate, move in parallel, and a listing that is ready the day the authority arrives saves months. Kelby coordinates with estate attorneys across the county every year.