How to Sell a House in Probate in Florida
Yes, a house can be sold during Florida probate, but the first question is whether the house is even part of the estate. Florida homestead rules often pull the family home out of the personal representative's hands, and an enhanced life estate deed or survivorship deed can skip probate altogether. If the house is an estate asset, the personal representative can sell it without a court order when the will gives a power of sale; otherwise the court has to authorize or confirm the sale. Creditors generally get three months after notice is published, with a two-year outer limit.
Reviewed by Dennis Fassett, founder of Dennis Buys Houses · Updated November 2026
Written for Florida families dealing with a house in a loved one's estate. General information only, not legal advice; Florida generally requires a lawyer for the personal representative, so you'll have one to confirm the details.
Homestead Changes Everything in Florida
Florida treats a family home differently from almost any other asset. If the house was the owner's protected homestead, it isn't one of the assets the personal representative holds for paying debts. (Fla. Stat. § 733.608) And if the owner left a spouse or a minor child, the owner couldn't freely give the homestead away by will; it passes under the Florida Constitution's rules instead. (Fla. Stat. § 732.4015)
- Protected homesteadUsually goes to the heirs outside the creditors' reach. The court typically enters an order determining homestead, and the heirs sign the sale.
- Not homesteadA rental, a second home or a house the owner didn't live in is an estate asset the personal representative controls.
- Enhanced life estate (Lady Bird) deedThe named beneficiaries take the house at death without probate.
- Joint owners with survivorshipThe surviving owner already owns it.
Before anyone lists the house, have the probate attorney confirm whether it's protected homestead. That answer decides who signs the deed and whether creditors can touch the money.
Formal or Summary Administration
Summary administration is a shorter process available when the estate subject to administration, not counting exempt property like protected homestead, is worth $75,000 or less, or when the person died more than two years ago. (Fla. Stat. § 735.201) Larger estates go through formal administration, where the court issues letters of administration to a personal representative.
Can the Personal Representative Sell Without the Judge?
- The will grants a power to sell real estate or any estate assetThe personal representative can sell without court authorization or confirmation.
- No will, or no usable power of saleThe personal representative can still sell, but title doesn't pass until the court authorizes or confirms the sale. (Fla. Stat. § 733.613)
Build the court's timing into any contract. A buyer who knows Florida probate won't pressure you to close before the order is entered.
The Path From Death to Closing
- 1Protect the house
Lock it, keep the insurance and wind coverage active, and tell the carrier the owner has died.
- 2File in circuit court
In the county where the person lived, usually through a Florida probate attorney.
- 3Publish notice to creditors
That starts the three-month claim window.
- 4Settle the homestead question
A court order determining homestead, if it applies.
- 5Sell or distribute
Under the will's power, with court approval, or by the heirs if it's homestead.
Creditor Deadlines
Creditors generally have three months after notice to creditors is first published, or 30 days after being served if they're known creditors, to file claims. (Fla. Stat. § 733.702) And two years after death, claims are generally barred whether or not an estate was ever opened. (Fla. Stat. § 733.710)
Want a Number to Compare Against?
Tell me about the house and the estate. I'll give you an as-is number the family and your attorney can weigh, and tell you if listing would net more.
How Families Usually Handle the House
A Family Member Takes It
Makes sense when someone wants to live there and can carry the mortgage, taxes, a fair buyout and Florida's insurance costs, which can be steep near the coast.
List It With an Agent
The best price when the house shows well and the estate can afford to wait. Florida sellers have to give buyers a flood disclosure at or before signing the contract, saying what they know about past flooding, flood claims and federal flood assistance. (Fla. Stat. § 689.302) Florida courts also expect sellers to disclose known defects that materially affect value and aren't easy to see.
Sell As-Is to an Investor
If the house needs a new roof, has storm damage, or the heirs are spread around the country, an as-is sale lets the estate skip the work. If you want the least hassle, sell it as-is to a real estate investor: no open houses, no repair punch list, nothing to clear out, and you decide when to close. With Dennis Buys Houses, leaving things behind is part of the deal. Grab what you care about and leave the rest. If anything we find looks personal or valuable, we'll reach out and get it back to you.
Investors build their profit, the repairs and the risk into the price. In return, the estate gets a firm date and very little to manage.
Don't Rush the Boxes
After a death, families tend to empty a house fast, and the most meaningful things hide in the boxes nobody had the energy to open. I once found a four-inch-thick leather album a mother had made of her daughter's life, tucked at the bottom of a basement box the family left for me. The daughter had no idea it existed. That's why I still look through what's left, and why anything personal or valuable goes back to the family. (Read the full story on my About page.)
Keep the House Insured and Current
Florida property taxes are due November 1, with early-payment discounts through February, and become delinquent April 1. Unpaid taxes turn into a tax certificate sale. (See Selling a House With Delinquent Property Taxes in Florida.) Hurricane season runs June through November, and an empty house with no one checking on it is a real risk. (See Selling a Vacant House in Florida.) If there's a mortgage, keep it current if the estate can; an heir can usually take over the payments. If it's behind, Florida foreclosures go through the courts. (See Selling a House in Foreclosure in Florida.)
Someone Still Living There
A lease survives the owner's death, and a relative who won't leave may need to be removed through the county court. (See Selling a House With Bad Tenants in Florida.)
Running a Florida Estate From Out of State
Plenty of Florida homes belong to retirees whose children live elsewhere. Florida limits who can serve as a nonresident personal representative, generally to close relatives, so ask the attorney early. Day to day, the house is the hard part: checking on it after storms, clearing it and dealing with contractors from a distance. That's why many out-of-state families sell as-is and close remotely.
Where the Sale Money Goes
The mortgage and liens are paid at closing. If the house was an estate asset, the rest goes to the estate account for claims and distribution. If it was protected homestead, the heirs generally share it directly. Florida has no inheritance tax, and heirs usually get a tax basis equal to the value at death. Ask a tax professional about your numbers.
Heirs Who Can't Agree
When homestead passes to several heirs, every one of them usually has to sign. If they can't agree, a partition lawsuit can force a division or sale. A neutral, written as-is number can sometimes end the argument about value before it gets that far.
I've Handled a Parent's Estate Myself
My mother spent her last months living with my family, and I handled her estate afterward. I'm not an attorney, and I won't give you legal advice. But I know the house tends to land on top of grief, paperwork and family dynamics all at once, and I'm happy to talk through the real-estate side with you, even if the right answer is to list it. (How that time shaped my business is on my About page.)
Mistakes I See in Florida Estates
- Listing the house before anyone settles the homestead question.
- Letting the windstorm coverage lapse on an empty house.
- Assuming the personal representative can sign when the house is protected homestead.
- Missing the April 1 tax delinquency date.
- Skipping the flood disclosure.
- Paying creditors from homestead proceeds that may be protected.
Where I Fit, and Where I Don't
I'm most useful to Florida estates when the house needs repairs or storm work, is full of a lifetime of belongings, sits empty, or the heirs live out of state.
And with Dennis Buys Houses, there's no clean-out. Whatever you leave, we'll deal with.
If the house is updated and the estate can wait for a retail buyer, listing it will probably bring more. I'll say so.
Either way, I'll tell you upfront if I'm the right fit or not.
What a Family Told Me
“Thank you for making it simple to sell my parent’s home. Words can’t express how emotional it was having to sell the house I grew up in. Thank you for being patient with my sister and me, for making the process simple, and for making us a decent offer instead of lowballing us like a lot of the other people that sent us letters did. You helped make the best out of a really horrible experience without the high pressure that some of the other buyers put on us.”
Read more reviews from homeowners I've worked with
Frequently Asked Questions
Yes. If it's an estate asset, the personal representative sells it with the will's power of sale or with the court's authorization. If it's protected homestead, the heirs usually sell it.
The owner's primary residence that Florida shields from most creditors. It's usually not controlled by the personal representative and passes to heirs under special rules.
No. With an as-is sale, you can take what matters to you and leave the rest. Dennis Buys Houses handles what's left.
Generally three months after notice to creditors is first published, with a two-year outer limit after death.
Florida generally requires the personal representative to have an attorney, with narrow exceptions.
Not by that name, but an enhanced life estate (Lady Bird) deed can pass a house at death without probate.
Your county clerk of court and circuit court probate division handle filings. Key statutes: Fla. Stat. § 733.613 (sales), Fla. Stat. § 733.702 (claims) and Fla. Stat. § 733.608 (homestead).
Florida Selling Guides
- Selling an Inherited House in Florida
- Selling a Vacant House in Florida
- Selling a House With Bad Tenants in Florida
- Selling a House in Foreclosure in Florida
- Selling a House With Delinquent Property Taxes in Florida
Start With the House, Not the Paperwork
Send me the address and where the estate stands. I'm not a lawyer, but I can tell you what the house would bring as-is, how a sale fits around the court and homestead steps, and whether listing would leave the estate ahead.