If you are the personal representative of a Florida estate, or an heir waiting on one, the house is often the biggest and most expensive asset to deal with. This guide explains how probate works in Florida, when a court order is needed to sell, how homestead rules affect the house, and how to sell a probate house in Florida quickly. It is general information, not legal advice, so confirm the details with a Florida probate attorney.
Where Probate Happens in Florida
Florida probate is handled by the circuit court in the county where the person lived. Most estates need a Florida attorney to represent the personal representative, and the court issues Letters of Administration once the personal representative is appointed.
Formal vs Summary Administration
- Formal administration: the standard process. A personal representative is appointed, creditors are notified, and the estate is managed under court supervision.
- Summary administration: a shorter process available when the estate, not counting exempt property, is worth $75,000 or less, or when the person died more than two years ago.
Does the Court Have to Approve the Sale?
If the will gives the personal representative a power of sale, the house can usually be sold without a separate court order. If there is no will, or the will does not grant that power, the personal representative asks the court for an order authorizing the sale. Title companies will want to see the Letters of Administration and, where needed, the court order before closing.
Florida Homestead Rules
Florida homestead protections can change who owns the house and how it can be sold. If the home was the person’s primary residence, the court may need to determine its homestead status before a sale, and different rules apply when there is a surviving spouse or minor child. Raise this with the estate attorney early, because it affects the timeline.
How Long Probate Takes in Florida
Once the notice to creditors is first published, creditors generally have three months to file claims. Formal administration commonly takes six months to a year. The house does not have to sit empty that whole time: once the personal representative has authority, a cash sale can close in a few weeks and stop the carrying costs.
Selling a Florida Probate House for Cash
Meridian Trust buys probate and inherited homes across Florida, including Jacksonville, Clearwater, Brandon and Port Charlotte. We buy as-is, including full contents, pay all customary closing costs and coordinate with the estate attorney and title company. Read our complete probate guide or how selling as-is works.
Frequently Asked Questions
Can you sell a house in probate in Florida?
Yes. Once appointed, the personal representative can sell under a power of sale in the will or with a court order authorizing the sale.
Do I need a court order to sell a probate house in Florida?
Only if the will does not grant a power of sale or there is no will. In that case the personal representative petitions the circuit court for an order authorizing the sale.
How long does probate take in Florida?
Formal administration commonly takes six months to a year. Creditors generally have three months from first publication of the notice to creditors to file claims.
Can I sell a Florida probate house as-is?
Yes. Meridian Trust buys Florida probate houses in any condition and pays all customary closing costs. Request a cash offer.
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