Inheriting a house in Florida usually means inheriting a process as well. Before the property can be sold, someone needs legal authority to sign the deed, creditors may have to be addressed, and the heirs have to agree on what happens next. None of it is complicated once you see how the pieces fit. This guide walks through each one so you can plan with confidence.

Does the House Have to Go Through Probate?

Not always. A house avoids probate when it was held in a living trust, owned jointly with rights of survivorship, or transferred by an enhanced life estate deed, often called a “Lady Bird” deed. If the deed was in the deceased owner’s name alone, the property generally passes through probate before it can be sold with clean title.

The Two Main Types of Florida Probate

Summary administration

Summary administration is a shortened process available when the value of the estate subject to administration, excluding exempt property and protected homestead, is $75,000 or less, or when the owner passed away more than two years ago. It can conclude in a matter of weeks to a few months.

Formal administration

Formal administration is the standard process. The court appoints a personal representative, issues letters of administration giving that person legal authority to act for the estate, and requires a notice to creditors, who generally have three months from first publication to file claims. Straightforward estates often take six to twelve months; contested ones take longer.

Who Has the Authority to Sell?

In formal administration, the personal representative sells the house on behalf of the estate. If the will grants the personal representative a power of sale, the sale can usually proceed without a separate court order. If it does not, or if there is no will, the personal representative typically asks the court for an order authorizing the sale. Title companies will want to see the letters of administration and, where required, that order before they insure the closing.

How Florida Homestead Changes Things

Florida’s homestead protections are among the strongest in the country, and they apply after death as well. A primary residence that qualifies as protected homestead generally passes directly to the heirs, outside the reach of most creditors, rather than becoming an ordinary estate asset. If the owner was survived by a spouse or a minor child, the law also limits how the home could be left to others.

In practice, this means the court is often asked to formally determine that the property is protected homestead. Once it does, title vests in the heirs, and every heir, rather than the personal representative alone, usually signs the deed when the house is sold. Homestead questions are where an experienced probate attorney earns their fee.

Can You Sell Before Probate Is Finished?

Often, yes. Many estates sign a purchase contract while probate is still underway and close once the personal representative has authority or the homestead determination is entered. The key is a buyer willing to wait for that milestone without pressuring the family. Cash buyers who regularly purchase probate property are typically comfortable with this timeline; financed buyers sometimes are not.

What It Costs

Attorney and personal representative fees. Florida statutes set schedules of fees presumed reasonable for formal administration, roughly 3% of the first $1 million of estate value for the personal representative and a comparable scale for the attorney. Many attorneys also work on flat fees for simpler estates.
Court and publication costs. Filing fees, certified copies and the required creditor notice in a local newspaper.
Carrying costs. Property taxes, utilities, lawn care, and insurance. Standard homeowners policies often restrict coverage once a house sits vacant for more than 30 to 60 days, and vacant-home policies cost considerably more.
Repairs and cleanout. If the family plans to list the house, it may need cleaning, repairs and updates first.

When the Heirs Disagree

Disagreement among heirs is the most common reason probate sales stall. One heir wants to keep the house, another wants to rent it, a third wants to sell quickly. If the conversation stalls, a co-owner can ask a court to order a sale through a partition action, but that process is slow and expensive for everyone. A firm cash offer often helps families decide, because it replaces speculation about value with a concrete number.

Step by Step: Selling a House Through Florida Probate

Locate the will and the deed. Confirm how the property was titled and whether the will names a personal representative or grants a power of sale.
Secure the property. Change the locks, keep utilities on, notify the insurer that the owner has passed, and ask about vacancy coverage.
Open probate or petition for a homestead determination. Your attorney files in the county where the deceased owner lived.
Obtain letters of administration. These documents give the personal representative authority to act for the estate.
Publish the notice to creditors. Creditors generally have three months from first publication to file claims.
Agree on a sale strategy. Decide among the heirs whether to list, sell as-is or keep the property, and obtain a valuation.
Sign a contract. With the personal representative’s authority, or with every heir if the property passed as protected homestead.
Obtain a court order if required. Needed when the will does not grant a power of sale or the title company requests one.
Close and distribute. The title company pays off any mortgage and liens, and the remaining proceeds go to the estate or the heirs as directed.

Every estate moves at its own pace, but knowing the sequence helps the family make decisions early instead of waiting on each step in turn.

Selling a Probate House As-Is

Many inherited homes have not been updated in decades, and out-of-state families rarely want to manage a renovation from afar. Selling as-is to a cash buyer avoids repairs, cleanouts and months of showings, and it lets the closing be timed around the probate milestones rather than a buyer’s mortgage approval.

Property Solution Services buys inherited and probate houses throughout South Florida, including homes still full of belongings. We coordinate with your probate attorney on timing, and you choose the closing date. Learn more about selling an inherited home in Miami Gardens, Hallandale Beach, Plantation or anywhere in Broward County.

Frequently Asked Questions

How long does probate take in Florida?

Summary administration can take a few weeks to a few months. Formal administration commonly takes six to twelve months for a straightforward estate, and longer if there are disputes, creditor issues or real estate in more than one state.

Can I sell an inherited house in Florida without probate?

Yes, if the house was held in a living trust, owned with rights of survivorship, or transferred by an enhanced life estate (Lady Bird) deed. Otherwise, a probate proceeding or a homestead determination is usually needed before the sale can close with clean title.

Do all the heirs have to agree to sell?

In formal administration, the personal representative can sell with the appropriate authority. For protected homestead, title usually passes directly to the heirs, so each heir typically signs the deed. If heirs cannot agree, a court-ordered partition is possible but slow and costly.

Can I sign a contract to sell the house while probate is still open?

Often, yes. Many estates sign a contract during probate and close once the personal representative has authority or the court has determined homestead status. Ask your probate attorney when your estate will reach that point.

If you have inherited a house in South Florida and want to understand your options, call or text (954) 693-9333 or request a no-obligation cash offer.

This article is general information, not legal advice. Probate and homestead rules depend on the specific facts; consult a Florida probate attorney.

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