Frank Heron • September 22, 2026

How to Sell a House in Probate in Florida

A plain-English guide to selling a house during Florida probate: who can sign, summary vs. formal administration, timelines and how cash sales fit in.

When someone passes away and leaves a house in Florida, the family often wants to know one thing first: can we sell it, and when? The short answer is yes, but the path depends on how the home was owned and which type of probate the estate goes through. This guide covers the basics so you know what to ask your attorney.

This article is general information, not legal advice. Florida probate rules are detailed, and a Florida probate attorney should guide your specific case.

Step 1: Figure out whether the house needs probate at all

Not every house goes through probate. A home owned jointly with rights of survivorship, held in a living trust, or covered by a lady bird (enhanced life estate) deed can pass to the new owner without it. If the home was in the deceased person's name alone, probate is usually needed before anyone can sell it.

Florida homestead property has its own rules. Even when a homestead passes outside the normal estate, heirs usually need a court order determining homestead status before a title company will insure a sale.

Step 2: Know which
type of probate applies

Florida has two main types of probate administration:

Summary administration is a shorter process available when the estate’s non-exempt assets are $75,000 or less, or when the person has been deceased for more than two years.
Formal administration is the full process. The court appoints a personal representative and issues Letters of Administration. Creditors get a period to file claims, generally three months from the first publication of the notice to creditors, so formal probate commonly takes several months or longer.

Step 3: Who signs the sale?

In formal administration, the personal representative signs on behalf of the estate. If the will grants the power to sell real estate, the sale can often proceed without a separate court order. If it doesn't, the attorney may need to petition the court to authorize the sale. Heirs may also be asked to sign or consent, depending on the situation.

Step 4: Decide how to sell

Estates usually choose between listing with an agent and selling directly to a buyer. Listing can bring a higher price for a house in good shape, but estate homes are often dated or in need of repair, and the estate keeps paying insurance, taxes and utilities while it sits. A direct cash sale lets you:

Sign a contract while probate is still open and close once the personal representative has authority.
Skip repairs, cleanouts and showings.
Avoid commissions that come out of the heirs’ share.

Common questions

Can we sell before probate is done?

You can often sign a contract before probate ends. Closing happens once the court has given the needed authority, which may be well before the estate is fully closed.

What if one heir wants to keep the house?

That heir can sometimes buy out the others. If the heirs can't agree, the probate attorney can explain your options, including whether the court may need to decide.

If you're handling a probate house in Fort Myers, Cape Coral, Naples, Sarasota or anywhere in Southwest Florida, we're glad to talk through your situation, even if you're not ready to sell yet.