How to Sell a House in Probate in Florida: Steps, Timeline and Costs

Quick answer: In Florida, a house in probate is usually sold by the court-appointed personal representative (PR). The PR typically needs Letters of Administration first. Whether the sale needs court approval depends largely on what the will says. Homestead property follows different rules. The steps below explain how this works and what it can cost. This is general information, not legal advice.

Who can sell a house in probate?

The personal representative

Probate property is generally controlled by the personal representative, who is entitled to take possession of the decedent's property (with an exception for protected homestead) (Fla. Stat. 733.607). The PR is the person named in the will, or if there is none, someone chosen under the order of preference in the statute. For an intestate estate, that starts with the surviving spouse (Fla. Stat. 733.301).

The PR's proof of authority is the court-issued Letters of Administration. A title company will generally ask to see them.

Do heirs sell together instead?

In some situations an estate does not need a PR at all, such as a summary administration or when homestead passes outside probate. In those cases the court order or the deed record, not a PR, shows who can convey title. Which route applies is a legal question for a probate attorney.

Power of sale vs. court approval

The will matters here. Under Florida law, a PR whose will gives a specific or general power of sale may sell, mortgage or lease real property without court authorization or confirmation. If the estate is intestate or the PR has only limited powers, the statute says no title passes until the court authorizes or confirms the sale (Fla. Stat. 733.613). More generally, a PR may sell property without a court order unless the will or a court order says otherwise (Fla. Stat. 733.612).

Summary vs. formal administration

Florida has two main court-supervised paths.

Formal administration is the full process. A PR is appointed, creditors are noticed, and the estate stays open until claims and distributions are resolved. The Florida Bar's consumer pamphlet notes that even a simple estate must stay open for the three-month creditor period, and it estimates five to six months for a simple estate. It also says that selling real estate, disputed claims or will challenges can add time (The Florida Bar). Treat that as a typical range, not a promise.

Summary administration is a shorter process. It is available when the will does not require formal administration and either of these is true:

• The estate subject to administration in Florida, minus property exempt from creditors, does not exceed $150,000, or
• The decedent has been dead more than 2 years (Fla. Stat. 735.201).

Note: Older consumer materials, including the Florida Bar pamphlet (last updated January 2021), still cite a $75,000 limit. The current statute text on the Legislature's website says $150,000, with a 2026 chapter-law amendment in its history note. Confirm the threshold with an attorney.

In a summary administration, the court can enter an order allowing immediate distribution. A good-faith purchaser for value from the people named in that order takes free of creditor claims and certain other rights (Fla. Stat. 735.206). That can matter to buyers and title companies. Whether a house sale fits a summary administration is a question for your attorney.

Homestead property: special rules

Florida's homestead protections come from Article X, Section 4 of the Florida Constitution. The Florida Bar Journal summarizes the key points: the exemption from forced sale passes to the surviving spouse or heirs, and homestead generally cannot be devised when the owner is survived by a spouse or minor child (Florida Bar Journal).

Key points:

• Protected homestead is not handled like other estate property. A PR's right to take possession excludes protected homestead (Fla. Stat. 733.607).
• Spouse and descendants. If the homestead was not validly devised and the decedent leaves a spouse and descendants, the spouse takes a life estate and the descendants take a vested remainder. The spouse may instead elect, within 6 months of death, to take an undivided one-half interest as a tenant in common (Fla. Stat. 732.401).
• Devise limits. A homestead cannot be devised if the owner leaves a spouse or minor child, except that it may go to the spouse if there are no minor children (Fla. Stat. 732.4015).
• Determination of homestead. A court is not required to determine homestead status, but the Bar Journal author recommends one early. The order is the public record of the property's exempt status and how title passed, which helps establish the chain of title (Florida Bar Journal). In practice, a buyer's title company often asks for this kind of documentation, though requirements vary by company.

The creditor period and your timeline

A creditor's claim is generally barred unless filed by the later of:

• 3 months after the first publication of the notice to creditors, or
• 30 days after service on a creditor who must be served (Fla. Stat. 733.702).

The PR must publish that notice once a week for 2 consecutive weeks in a county newspaper (Fla. Stat. 733.2121). There is also an outer limit. After 2 years from death, the estate, the PR and beneficiaries are generally not liable on claims against the decedent, with exceptions for timely filed claims and recorded liens (Fla. Stat. 733.710).

How this affects a sale: The sale itself can often be arranged during the creditor period, but distribution of the proceeds usually waits until claims are resolved. The Bar pamphlet says debts, taxes and administration expenses must be settled before distributions (The Florida Bar).

Step-by-step: how a probate home sale typically works

1. Hire a Florida probate attorney. The Florida Bar pamphlet says a PR should always hire a qualified attorney (The Florida Bar). The Duval Clerk also notes that PRs other than a sole interested person must be represented by a Florida-admitted attorney (Duval Clerk).
2. Deposit the will and open the case. The original will must be filed with the clerk within 10 days of learning of the death (The Florida Bar).
3. Get Letters of Administration. The court appoints the PR and issues Letters.
4. Secure and insure the house. Change locks, collect keys, and ask the insurer about vacant-home coverage. Many standard policies limit coverage for vacant homes, so call the carrier promptly. Keep utilities on at a level that prevents damage.
5. Value the property. An appraisal or a broker's market analysis helps establish a value. The estate's inventory also needs a value, so ask your attorney which is appropriate.
6. Choose how to sell (see the comparison below).
7. Get court approval if required. See the power-of-sale discussion above.
8. Go to closing. The PR signs the deed using the Letters, and the title company will request supporting documents.
9. Pay expenses and distribute. The PR pays valid claims, taxes and costs, then distributes under the will or the intestacy statutes.

What it costs

These are common categories. Actual amounts depend on the estate.

• Attorney fees. For formal administration, fees for ordinary services are presumed reasonable at set tiers based on the estate's compensable value: $1,500 for estates up to $40,000, then an additional $750 for the next $30,000 and another $750 for the next $30,000. Above $100,000 the percentages apply: 3% on the next $900,000, 2.5% on $1M to $3M, 2% on $3M to $5M, 1.5% on $5M to $10M and 1% above $10M (Fla. Stat. 733.6171). The Bar notes fees can also be set by agreement or by the judge (The Florida Bar). Extra work, such as a real estate sale, may be billed separately.
• Personal representative fees. The presumed reasonable commission for formal administration is 3% of the first $1 million, 2.5% above $1M to $5M, 2% above $5M to $10M and 1.5% above $10M. Extraordinary services such as property sales may support additional compensation (Fla. Stat. 733.617). Many family PRs waive this fee.
• Court filing fees (Duval). The Duval Clerk's posted fees list $401 for formal administration and $346 for summary administration of estates valued at $1,000 or more. Fees change, so check the current schedule (Duval Clerk).
• Carrying costs. Property taxes, insurance, utilities, lawn care and repairs continue while the house is in the estate. These add up the longer the process runs.
• Documentary stamp tax. The Florida deed tax is 70 cents per $100 of consideration (Fla. Stat. 201.02). On a $300,000 sale, that is $2,100. Who pays is typically set by the sales contract.
• Real estate commission. Commission is negotiable and set by agreement. We will explain ours before you sign anything.

Listing vs. selling as-is or for cash

Neither route is right for every estate. Here is a neutral comparison.

| | Listing on the open market | As-is or cash sale | |---|---|---| | Price | Exposure to more buyers may support a higher price | Offers can be below market value, especially from investors | | Speed and certainty | Depends on buyer financing, inspections and appraisal | Often faster with fewer contingencies, but not guaranteed | | Condition | Buyers may request repairs or credits | Property is generally sold in its present condition | | Costs | Commission, possible repairs and staging | Fewer repairs; commission may or may not apply |

An as-is sale can still be listed on the open market. Compare offers and get a market analysis before deciding. If beneficiaries disagree, the PR's attorney can advise on duties to the estate.

Jacksonville and Duval County specifics

• Court. Duval, Clay and Nassau counties make up Florida's Fourth Judicial Circuit (Jud4.org). Probate is listed as a circuit court matter there.
• Where to file. Probate cases are filed with the Duval County Clerk, Probate Department, 501 West Adams Street, Jacksonville, FL 32202; phone (904) 255-1990; hours 8 a.m. to 5 p.m. weekdays (Duval Clerk). The Clerk cannot give legal advice or prepare legal forms.
• Which county. The clerk in the decedent's county of domicile keeps the file (The Florida Bar). If the decedent lived in Clay or Nassau but owned a Jacksonville house, an attorney can advise on venue.

Frequently asked questions

Can I sell an inherited house before probate is finished? Often yes, if the PR has Letters and authority to sell. Without a power of sale in the will, court approval may be needed (Fla. Stat. 733.613).

How long does selling a house in probate take? It varies. The Florida Bar estimates five to six months for a simple estate, and real estate sales, disputed claims or will challenges can add time (The Florida Bar).

Does the whole family have to agree to sell? It depends on the will, how title passes and whether court approval is needed. Ask the PR's attorney.

Is homestead property part of the probate estate? Protected homestead generally passes outside the probate estate under Florida's constitution and statutes, with special rules for spouses and minor children (Fla. Stat. 733.607; Fla. Stat. 732.4015).

What is the creditor period? Generally 3 months from first publication of the notice to creditors, with a 2-year outer limit (Fla. Stat. 733.702; Fla. Stat. 733.710).

Can I skip formal probate for a small estate? Summary administration may be available if the non-exempt estate is $150,000 or less, or the decedent died more than 2 years ago (Fla. Stat. 735.201).

Momentum Realty is a real estate brokerage, not a law firm. Talk to a Florida probate attorney about your situation.

Sources

• Fla. Stat. Ch. 733: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733.html (ss. 733.2121, 733.301, 733.607, 733.612, 733.613, 733.617, 733.6171, 733.702)
• Fla. Stat. 733.710: http://www.leg.state.fl.us/statutes/index.cfm?App_Mode=Display_Statute&URL=0700-0799/0733/Sections/0733.710.html
• Fla. Stat. Ch. 735: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/0735.html
• Fla. Stat. 735.201: http://www.leg.state.fl.us/statutes/index.cfm?App_Mode=Display_Statute&URL=0700-0799/0735/Sections/0735.201.html
• Fla. Stat. Ch. 732 (ss. 732.401, 732.4015, 732.402): http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
• Fla. Stat. 201.02: http://www.leg.state.fl.us/statutes/index.cfm?App_Mode=Display_Statute&URL=0200-0299/0201/Sections/0201.02.html
• The Florida Bar, Probate consumer pamphlet: https://www.floridabar.org/public/consumer/pamphlet026/
• Florida Bar Journal, "Homestead Made Easy": https://www.floridabar.org/the-florida-bar-journal/homestead-made-easy/
• Duval County Clerk, Probate: https://www.duvalclerk.gov/departments/civil-court-services/probate
• Fourth Judicial Circuit, About the Courts: https://www.jud4.org/about-the-courts

Momentum Realty is a licensed Florida real estate brokerage, not a law firm. This is general information, not legal or tax advice; talk to a Florida probate attorney about your estate. Momentum Realty · Jacksonville, FL · Equal Housing Opportunity.