Buying Florida homes since 2012 · 650+ homes purchased
Can you sell a house while it is still in probate in Florida? Usually, yes. The personal representative appointed by the court can sign once they hold letters of administration, and the sale either goes ahead under a power of sale in the will or needs the court to authorize or confirm it. We buy probate houses for cash and work with the estate’s attorney and title company.
This page is about selling during the court process, before the house has passed to the heirs. If title has already been transferred to you, our inherited-house page covers that situation instead. Everything here is general information, not legal advice; the estate’s Florida probate attorney should confirm what applies.
Takes 60 seconds. No obligation.
We sign with the personal representative and set closing for when letters, a power of sale or court approval allow it.
We send the attorney and title company the contract and documents they need, so the court file and the closing line up.
Keep the family items you want; the rest stays. The estate does not pay for repairs, cleanout or staging.
Taxes, insurance on a vacant house, utilities and lawn care stop being the estate’s responsibility the day we close.
In Florida, the probate court appoints a personal representative and issues letters of administration, which are the document a title company relies on to show who can sign for the estate. Under section 733.613 of the Florida Statutes, if the will gives the personal representative a power to sell real property, the sale can usually close without a separate court order. If there is no will, or the will gives no usable power of sale, the personal representative may still sell, but title does not pass until the court authorizes or confirms the sale.
Several things commonly set the timeline. Formal administration involves publishing a notice to creditors, and creditors generally have three months from first publication to file claims. Summary administration under Chapter 735 is a shorter process for smaller estates or where the decedent died more than two years earlier, but it ends with a court order distributing the property rather than a personal representative who signs. A house that was the decedent’s Florida homestead is often treated differently: protected homestead may pass outside the normal estate, and the title company may ask for a court order determining homestead and for signatures from the heirs.
How a cash sale fits: we can sign a purchase contract with the personal representative while the estate is open, with closing set for when the authority or court order is in hand. We buy the house as-is with its contents, so the estate does not have to fund repairs or a cleanout, and the proceeds go to the estate or as the court directs. When several heirs disagree, a single written offer and settlement statement gives everyone the same numbers to review. If the estate has already closed and the house is in the heirs’ names, see selling an inherited house instead.
Probate is opened in the circuit court for the county where the decedent lived. Whoever holds the original will must deposit it with that county’s clerk within 10 days of learning of the death (section 732.901). Clerks and court staff can explain procedures, but they cannot give legal advice about your estate.
The Miami-Dade Clerk’s Probate Court page explains will deposits and small-estate petitions, and open probate cases can be looked up in the Clerk’s Civil, Family and Probate case search.
The circuit’s Probate Division handles formal and summary administration and disposition without administration. Its website publishes a Personal Representative’s Handbook, takes general questions through its Approach the Bench service, and requires an Affidavit of Heirs in cases without a will.
Probate cases are heard in the circuit’s Probate and Guardianship Division, and the Palm Beach County Clerk & Comptroller keeps the probate files and publishes a Probate of Estates FAQ.
These primary sources can help you verify the general information discussed above. For advice about your documents or deadlines, consult the appropriate Florida professional.
Includes section 733.613 on a personal representative’s right to sell real property.
When the shorter summary-administration process is available.
Official court-system information and probate resources.
Will deposits, small-estate petitions and probate case search in Miami-Dade.
Broward probate procedures, handbooks and general questions.
The Clerk’s answers on filing probate and depositing wills in Palm Beach County.
No matter the property type or its condition, we make fair cash offers throughout Florida. Explore what we buy:
Sell single-family homes anywhere in Florida without fees or showings.
DetailsFrom across Florida, we buy high-end and estate homes directly for cash.
DetailsFrom across Florida, we buy vacant and abandoned houses directly for cash.
DetailsFlorida condos facing assessments or recertification: sold fast for cash, no repairs.
DetailsInvestment Properties in Florida — bought as-is, on your timeline.
DetailsWe make cash offers on tired rental properties throughout Florida.
DetailsWe make cash offers on small apartment complexes throughout Florida.
DetailsWe make cash offers on triplex rental buildings throughout Florida.
DetailsMultiple heirs completed the sale of a Northwood probate property without first resolving the cleanout, landscaping, and repair work.
Closed in 41 days · December 2022
Read the transaction detailsThree transparent decisions take you from an initial a Florida sell a house in probate sale property review to a title-company closing.
Share the address, condition, occupancy, and your preferred timing. Photos are helpful but are not required to begin.
For the a Florida sell a house in probate sale property, we review comparable sales, title, and condition—including contract while the estate is open, works with your probate attorney, contents and condition as-is—then explain the no-obligation cash terms.
If the a Florida sell a house in probate sale offer fits, a licensed title company verifies ownership and payoffs. A clear-title purchase can close in as little as 10 days, or later when you need time.
Straight answers so you can make the right decision.
It depends on the will. If it gives the personal representative a power to sell real property, a court order is often not needed. Without that power, the court must authorize or confirm the sale before title passes. The estate attorney will confirm which applies.
Yes. The personal representative can sign once appointed, and the contract can set closing for when the required authority is in place. We do not rush the court process.
Protected homestead is handled differently in Florida and may pass directly to the heirs. The title company may require a court order determining homestead and signatures from the heirs before closing.
Usually not. The title company can often arrange remote or mail-away signing for the personal representative and any heirs who must sign, once identity is verified.
Probate is the court process that transfers the property and authorizes who may sign. Once it is complete and title is in the heirs’ names, the sale is an inherited-house sale, which we cover on a separate page.
Plain-English explanations of the Florida rules behind this situation:
City pages where this issue has a local angle:
Before you decide, see exactly what happens and get straight answers:
Tell us how sell a house in probate affects your property and timing. We will review the facts, explain the written offer, and leave the decision with you.
Prefer to talk to a real person?
(954) 637-2999Takes 60 seconds. No obligation.