Selling a House in Probate in Florida: Timeline and Steps

Florida law provides 2 distinct probate routes, and the one that applies to your estate determines everything about when selling a house in probate becomes possible. Formal Administration is required for estates valued above $75,000 or for any estate with unresolved creditor claims — typically taking 3 to 12 months, supervised by the circuit court in the county where the decedent lived. Summary Administration is available when the total estate value falls below $75,000 or when the decedent has been deceased for 2 or more years, typically wrapping up in 1 to 3 months. Choosing the wrong track wastes months and may require re-filing entirely — confirm with a Florida probate attorney first. If the property has open code violations, those must be disclosed during the sale regardless of the probate path; check the Florida Building Code site for details.

Florida circuit courts typically issue Letters of Administration within 4 to 6 weeks of petition filing under Formal Administration — and within 2 to 3 weeks under Summary Administration. This document gives the personal representative (PR) the legal authority to sell estate property, open bank accounts, and negotiate with creditors. Under Florida Statute 733.612, the PR holds enumerated powers that explicitly include the sale of real estate. If the decedent's will grants Independent Administration powers — which most modern Florida wills do — the PR can execute a contract and close without seeking court approval on every individual transaction, dramatically compressing the selling timeline. Without Independent Administration language, the PR may need to petition the court before accepting any purchase offer, adding 30 to 90 additional days. Always have a probate attorney confirm the will's exact language before you list or accept an offer.

Florida's homestead law is among the most protective in the country — and one of the most misunderstood by out-of-state heirs. A property qualifies as homestead if the decedent used it as their primary residence in Florida. Under Florida Statute 732.401, homestead real property descends directly to the surviving spouse or lineal descendants rather than passing through the estate in the traditional sense. This means the personal representative may have zero authority to sell a homestead property if a surviving spouse or a minor child has an interest in it — executing a sale without a court order can unwind the entire transaction. Non-homestead property — a rental unit, a vacant lot, a second home — falls squarely under the PR's Statute 733.612 powers and can be sold without additional court approval once Letters of Administration are in hand. If you're selling a home in Orlando, Tampa, or anywhere across Florida and you're unsure of the homestead status, pull the county property appraiser records to confirm whether a homestead exemption was applied in the year of death.

Only the personal representative signs the purchase contract — not the individual heirs. Florida law does not require every beneficiary to co-sign the real estate contract once Letters of Administration have been issued. However, if the estate is intestate (no will) or if the will's language is ambiguous, the court may require all interested parties to consent before the PR can execute a binding agreement. When multiple heirs are involved — a common scenario in larger families in cities like Miami or Fort Lauderdale — disputes over price or timing can stall the process even when the legal authority is clear. Setting expectations early among heirs, ideally in a family meeting facilitated by the probate attorney, prevents objections from surfacing at the closing table. For a broader look at your options, see our guide on what to do after inheriting a house.

Selling a house in probate carries costs beyond a standard real estate transaction. Florida circuit courts charge filing fees of roughly $300 to $450, and probate attorney fees are set by statute at a percentage of the estate value — typically 3% on the first $1 million in assets. A $350,000 home could generate $10,500 in statutory attorney fees alone before any real estate commissions. Add a 5% to 6% agent commission on a traditional listing, and the estate nets significantly less than the sale price. Cash buyers often purchase without requiring the estate to pay closing costs or commissions, saving the estate 6% to 8% of the gross sale price. For more, read our resource on how to get the most money when selling your house and our breakdown of how fast you can sell a house for cash.

Personal representatives make 3 recurring mistakes that cost the estate time and money. The most damaging is listing the property before Letters of Administration are issued — any contract signed without legal authority is unenforceable and may trigger personal liability for the PR. The second mistake is failing to notify creditors before distributing sale proceeds to heirs. Florida law requires a 3-month creditor notification window after filing; distributing funds before that window closes exposes the PR to personal liability for unpaid estate debts. The third mistake is misclassifying a homestead property as non-homestead and selling without a court order — particularly common with properties in South Florida retirement communities where the decedent lived full-time. If you're managing a property in Boca Raton or the surrounding area, the sell my house fast Boca Raton page covers local market specifics that can inform your pricing strategy while you navigate the legal process.