Probate Guide
Formal administration, summary administration, creditor claims periods, and what to expect when selling a house through probate.
Florida offers several paths through probate, each with a different timeline and set of requirements. The right option depends on the size of the estate, whether there is a will, and the complexity of the decedent's assets and debts.
Most Florida estates that include a house will go through formal administration because the home's value alone typically exceeds the $75,000 summary threshold.
Formal administration is the full probate process. Here is the typical timeline:
Week 1-2: Filing the petition. The personal representative (executor) or their attorney files a Petition for Administration with the circuit court in the county where the decedent lived. This includes the original will (if one exists), death certificate, and list of beneficiaries. Filing fees are approximately $400.
Week 2-4: Court appointment. The court reviews the petition and issues Letters of Administration, which officially appoint the personal representative. This gives the PR legal authority to act on behalf of the estate - including selling real property.
Week 3-6: Notice to creditors. The PR must publish a Notice to Creditors in a local newspaper for two consecutive weeks. Known creditors must also be sent direct written notice. This starts the creditor claims period.
Month 1-4: Creditor claims period. This is often the longest part of probate. Creditors who receive direct notice have 30 days to file claims. Creditors who learn about the estate through the published notice have 3 months from the first publication date. The estate cannot be closed until this period expires.
Month 2-5: Asset inventory and management. The PR inventories all estate assets, obtains appraisals if needed, pays valid creditor claims, manages ongoing expenses (property taxes, insurance, maintenance on real estate), and files necessary tax returns.
Month 4-6: Final accounting and distribution. After the creditor claims period closes, the PR prepares a final accounting showing all assets, debts paid, and proposed distribution to beneficiaries. Once the court approves (or beneficiaries waive formal accounting), assets are distributed and the estate is closed.
Total realistic timeline: 4-6 months for a straightforward estate with a clear will, cooperative beneficiaries, and no contested claims. The mandatory 3-month creditor claims period is the floor - nothing can happen faster than that.
Summary administration is faster and less expensive because it does not require appointment of a personal representative and does not include a creditor claims period (with some caveats).
Eligibility: The estate's value (excluding homestead and exempt property) must be $75,000 or less, OR the decedent must have been dead for more than two years.
Process:
Timeline: 4-8 weeks from filing to order, depending on court caseload. Some counties are faster than others. No creditor claims period means no mandatory waiting, but beneficiaries are personally liable for valid creditor claims for two years after death.
Cost: $1,500-$3,500 in attorney fees (compared to $3,000-$8,000+ for formal administration).
This is the simplest and fastest option, but it applies only in limited circumstances:
For estates that include a house, disposition without administration is rarely an option unless the house was held in a trust or as joint tenants with right of survivorship (which avoids probate entirely).
Some probate cases take significantly longer than the typical 4-6 months. Common causes of delay:
Complex estates can take 12-24 months or longer. During this time, someone must maintain the property - paying taxes, insurance, utilities, HOA fees, and handling maintenance. These carrying costs reduce the estate's value every month.
You do not have to wait until probate is fully complete to sell a house. Here is what the personal representative needs:
Authority to sell: The PR can sell estate real property once they have Letters of Administration from the court. If the will gives the PR power to sell without court approval, the sale can proceed like any other transaction. If the will is silent on this power, or there is no will, the PR may need court approval for the sale.
Timing: Most PRs can list or accept offers within 2-4 weeks of court appointment. The sale can close during the creditor claims period - proceeds are held in the estate account until the period expires and all valid claims are paid.
Why selling early makes sense: Every month the house sits empty costs the estate in mortgage payments, insurance, property taxes, HOA fees, utilities, and maintenance. Selling early in the probate process preserves estate value for the beneficiaries.
Cash offers for probate properties: Cash buyers are ideal for probate sales because they close quickly, buy as-is (no need for estate-funded repairs), and do not require the lengthy financing process that can extend an already-long probate timeline.
Formal administration typically takes 4-6 months for straightforward estates. The mandatory 3-month creditor claims period is the minimum. Summary administration takes 4-8 weeks. Complex estates with disputes can take 12-24 months.
Yes. Once the personal representative has Letters of Administration from the court, they can sell the property. If the will grants power to sell, no additional court approval is needed. Sale proceeds are held in the estate until debts are paid and assets distributed.
Attorney fees for formal administration typically run $3,000-$8,000+ depending on complexity. Summary administration costs $1,500-$3,500. Court filing fees are approximately $400. Additional costs include notice publication, appraisals, and accounting fees.