Selling an Inherited or Probate Property in Florida

When someone passes away owning a home in Florida, their family often wants to know two things: who has the right to sell it, and how long it’s going to take. The answer depends on how the property was titled, whether there was a will, whether the home was the person’s homestead, and which type of court proceeding is used. This guide explains the general process so you know what to expect and what to ask your probate attorney.

First: does the house even go through probate?

Not every inherited property needs probate. Before anything else, look at how the deed was titled:

Joint owners with right of survivorship, or a married couple holding as tenants by the entireties, usually means the surviving owner already owns the property.
A trust that held the property is handled by the trustee under the trust document, generally without probate.
A life estate or enhanced life estate deed may pass the property directly to the remainder beneficiaries.
Sole ownership with no other arrangement usually means probate or another court process is needed before anyone can sign a deed.

You can pull the most recent deed from the Lake County Clerk’s official records. A probate attorney can tell you what it means.

Work with a Florida probate attorney

Probate is a court process with its own rules and deadlines, so start by talking with a Florida probate attorney. Your attorney will file the petition with the circuit court in the county where the person lived, get the personal representative appointed, and guide the estate through each step. If the person lived in Lake County, the case is filed with the court in Tavares, the county seat.

Formal administration and summary administration

Florida has two main types of probate:

Formal administration under Chapter 733. The court appoints a personal representative (Florida’s term for an executor or administrator), who gathers assets, handles creditors, and distributes the estate.
Summary administration under Fla. Stat. 735.201, a shorter process available for smaller estates or when the person has been deceased for more than two years, if the will doesn’t require formal administration. The statute sets the value limit; your attorney will tell you whether the estate qualifies.

Who can sign, and when the court must approve

Under Fla. Stat. 733.613:

If the will gives the personal representative a power of sale, the personal representative can generally sell real property without court authorization or confirmation.
If there’s no will, or the will doesn’t give a usable power of sale, the personal representative may still sell, but title doesn’t pass until the court authorizes or confirms the sale.

This difference affects your timeline and your contract. A sale needing court confirmation should include time for the attorney to obtain the order.

Creditors and timing

The personal representative must publish a notice to creditors once a week for two consecutive weeks, under Fla. Stat. 733.2121, and serve it on known creditors. Under Fla. Stat. 733.702, most claims must be filed within three months after first publication (or 30 days after service, for creditors who were served, if later).

Title companies sometimes wait until the creditor period has run before insuring a sale, or require proof that claims are handled. Ask your attorney early how the creditor period affects your closing date.

Homestead property is different

Florida gives special treatment to “protected homestead.” Under Fla. Stat. 733.608, protected homestead is not treated as an asset in the personal representative’s hands for paying the estate’s claims and expenses the way other property is. Florida law also restricts how homestead can pass when a spouse or minor child survives.

Because of this, an attorney often asks the court to determine homestead status before a sale. Whether a home qualifies, and who inherits it, is a legal question your attorney should answer before you sign a listing agreement.

Taking care of the property in the meantime

Vacant homes need attention while the estate moves forward:

Notify the homeowners’ insurance company that the owner has died and the home is vacant; many policies have vacancy conditions.
Keep utilities on enough to protect the house, and check it regularly.
Secure valuables and important papers.
Keep paying the mortgage, taxes and HOA dues if possible, and keep records of who paid what.

If the house is rented, the existing lease generally continues. Security deposits must be handled under Fla. Stat. 83.49.

Preparing and listing the home

Once the personal representative has authority, selling an estate property looks a lot like any other sale, with a few differences:

The personal representative signs the listing agreement and contract in that capacity.
Many estates sell “as is,” but the seller’s disclosure duty still applies to what the personal representative actually knows.
The family may need to clear out belongings before photos or before closing.
The contract should account for any court confirmation and the creditor period.

Questions to ask your probate attorney

Does this property need to go through probate at all?
Is formal or summary administration appropriate?
Does the will give a power of sale, or will we need court confirmation?
Is the home protected homestead, and does that affect who must sign?
When will the creditor period end?
What should we tell the title company?

We work alongside your attorney

At RLW Realty we coordinate closely with the personal representative’s attorney and the title company so each step happens in order. If you’re handling a relative’s property, call our Umatilla office and we’ll talk through where things stand.

This guide is general information, not legal or tax advice.