Selling a House in Probate in Florida
How Florida probate sales actually work — executor authority, court requirements, realistic timelines, and your options for selling as-is if the estate needs speed.
Can You Sell During Probate in Florida?
Yes — in Florida the personal representative can sell estate real estate during probate. If the will grants a power of sale, no separate court order is needed; otherwise the PR petitions the court for authorization. The big Florida wrinkle is homestead: a home that was the decedent's protected homestead often passes outside the probate estate, and selling it during probate takes an extra court step or the heirs' participation.
Who Has Authority to Sell — and When
The personal representative and the power of sale
Florida probate runs through Circuit Court, and the person managing the estate is called the personal representative (PR). Once appointed, the PR receives Letters of Administration — the document that proves authority to act for the estate.
For non-homestead real estate, the rule is straightforward: if the will contains a power of sale, the PR can sell without a separate court order, and title companies will insure the transaction on the strength of the letters and the will. If the will is silent (or there's no will), the PR petitions the court for an order authorizing the sale — routine, but it adds a step and a few weeks.
Homestead property: Florida's special case
Florida's constitutional homestead protection is unlike anything in most states. If the home was the decedent's primary residence, it's generally protected from most creditors' claims and — critically — it often passes directly to the surviving spouse or heirs at death, outside the probate estate. That's good news for the family, but it changes who can sign a deed.
In practice, estates usually obtain a court order determining homestead status, and the sale is completed by the people who inherited the property (sometimes joined by the PR). If a surviving spouse or minor child is involved, constitutional restrictions on how homestead can be devised come into play — spouses may hold a life estate or elect a half interest. These sales absolutely happen during probate, but they're the part of Florida practice where good guidance matters most.
Summary administration for smaller or older estates
Estates with non-exempt assets of $75,000 or less — or where the death occurred more than two years ago — can use summary administration. There's no PR at all; the court's order distributes the property directly to beneficiaries, who then sell as owners. It's faster and cheaper, and it's a common route for inherited Florida homes that have been sitting for years.
The Florida Probate Sale, Step by Step
File for probate in the county Circuit Court
Formal administration starts with a petition in the county where the decedent lived. Deposit the original will (Florida requires this within 10 days of learning of the death) and identify heirs.
The PR is appointed and letters issue
Appointment typically takes a few weeks to two months depending on the county and whether anything is contested. Note Florida's residency rule: a nonresident can serve as PR only if they're a close relative of the decedent.
Resolve authority for the specific property
Non-homestead with power of sale → proceed. No power of sale → petition for authorization. Possible homestead → petition to determine homestead status so title is clear on who must sign.
Market and go under contract
List with an agent or take as-is cash offers. Florida estates often prefer as-is terms — many probate properties are older, hurricane-insurance costs on vacant homes are punishing, and cash closings sidestep financing and insurance-underwriting delays.
Close, clear liens, and hold proceeds
The title company pays off mortgages and liens at closing. Proceeds from an estate sale go into the estate account through the three-month creditor period; homestead sale proceeds generally retain their protected character for the heirs.
How long a Florida probate sale takes
Letters of Administration commonly issue within three to eight weeks of filing. A PR with a power of sale can market immediately and close as soon as a buyer is ready — a cash sale 60–90 days after appointment is realistic. Add a few weeks if a court order authorizing sale or determining homestead is needed.
Formal administration overall runs six to twelve months, anchored by the three-month creditor window — but as elsewhere, the house sale doesn't have to wait for the estate to close. Summary administration can put title in heirs' hands in roughly one to three months, after which they sell on their own schedule.
Florida Rules That Change the Picture
The out-of-state executor problem
Florida only allows a nonresident to serve as personal representative if they're a close relative (spouse, parent, child, sibling, or certain other family). A family friend named in the will who lives in Georgia simply can't serve. Combined with how many Florida decedents have out-of-state heirs, this is a state where executors are very often managing — and selling — a property from a thousand miles away.
Carrying costs bite harder in Florida
Vacant-home insurance in Florida is expensive and sometimes hard to place at all, hurricane season is a real risk to an empty house, and HOA or condo assessments keep accruing. For many Florida estates, the monthly bleed — not the sale price — is what actually drives the list-versus-cash decision.
Statutory fee benchmarks
Florida presumes attorney fees reasonable at statutory rates (e.g., 3% of the first $1 million of the estate) and PR compensation on a similar schedule. Like California, the house usually dominates the estate value, so the sale outcome and the professional fees are linked. Estimate the full picture with our calculator.
Florida Probate Sale Questions
Selling a Probate Property in Florida?
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We are not a law firm and do not provide legal advice. Our team includes real estate professionals; any offer or referral is always optional.
The information on this page is provided for general educational purposes only and is not legal, tax, or financial advice. Probate laws change and vary by state and by individual circumstances, and we cannot guarantee the completeness or accuracy of the information provided. For advice about your specific situation, consult a licensed attorney in your state.