Probate Property Sales
Complete guide to selling property during probate in Florida. Personal representative duties, court approval, timeline.
Probate is the legal process of administering a deceased person's estate through Florida courts. Required when real property is titled solely in the deceased's name. Not required for trust property, joint tenancy with right of survivorship, or transfer-on-death designations. Governed by FL Statutes 731-735 (Florida Probate Code).
Formal Administration: required for estates over $75,000 or death within 2 years. Takes 3-6 months minimum. Court appoints a personal representative (executor). Summary Administration: available for estates under $75,000 or death 2+ years ago. Faster process (4-8 weeks) with court order transferring assets directly to beneficiaries.
Yes. If the will grants selling authority, the PR can list and sell immediately after appointment. If not, the PR must petition the court for approval. The PR must act in all beneficiaries' best interest, notify all parties of the intended sale, and ensure the price is fair market value or justified.
PR appointment: 2-6 weeks. Property assessment and listing: 1-2 weeks. Finding buyer (agent): 30-90 days. Court approval (if needed): 2-4 weeks. Closing: 7-14 days (cash) or 30-45 days (financed). Total with agent: 4-8 months. Total with cash buyer: 6-10 weeks.
Florida requires a 90-day creditor claims period after Notice to Creditors is published (FL Statute 733.702). Known creditors get direct notice with 30 days to file claims. The estate must reserve funds for valid claims before distributing proceeds. This does not prevent the sale - it affects how proceeds are distributed.
Property often in poor condition (elderly owners defer maintenance), heirs want fast resolution (especially out-of-state), traditional financing adds complexity to probate sales, and cash buyers have experience navigating probate timelines and working with probate attorneys.
Under section 733.702, Florida Statutes, a claim is generally barred unless filed by the later of 3 months after the first publication of the notice to creditors or, for a creditor who must be served, 30 days after service. A house can often be sold while that period runs, but the personal representative usually holds back enough of the proceeds to cover valid claims before distributing anything to heirs.
Summary administration under section 735.201, Florida Statutes is available when the estate subject to administration, less exempt property, is worth $75,000 or less, or when the decedent has been dead for more than 2 years. It skips the appointment of a personal representative and can transfer property by court order, which often shortens the path to a sale. Protected homestead is handled under separate rules, so ask the probate attorney how the house is classified.
General information about Florida law, not legal or tax advice. Confirm your situation with a Florida attorney or tax professional.
You can sell during probate once the PR is appointed and has authority. Cannot sell before PR appointment.
The personal representative makes the selling decision. Beneficiaries can petition the court if they object.
Yes. Most probate properties sell as-is because heirs do not invest in repairs for property they are liquidating.