How probate works in Florida — and how an inherited house gets sold through it

When is probate required for a Florida house?

If the house was titled in the deceased person’s name alone — the most common situation for a parent who was widowed, divorced, or single — then yes, something has to go through the probate court before the house can be sold or transferred. Florida has a “disposition without administration” procedure and a small-estate affidavit for very small estates, but they cover only personal property — exempt items, small bank balances, and (since July 2026) up to $20,000 of other personal property; they cannot be used to transfer real estate (Fla. Stat. §§ 735.301, 735.304).

Probate is usually not needed for a house that was already set up to pass outside probate:

• A revocable living trust that holds title. The successor trustee can sell without the court.
• A lady bird deed (enhanced life estate deed). The named beneficiaries own the house the moment the owner dies; recording a death certificate is usually all that’s needed.
• Joint ownership with right of survivorship, or tenancy by the entireties between spouses. The surviving owner keeps the whole house.
• Protected homestead is a special case: it passes to the spouse or heirs outside the probate estate, but a court order determining homestead is usually still needed to clear title. See inherited homestead.

If you’re not sure how the house was titled, the county property appraiser’s website lists the owner of record and the deed; we check this for every family who calls us, in about two minutes.

The two kinds of Florida probate

Summary administration (Fla. Stat. § 735.201)

The shorter path. It is available when either (a) the value of the estate subject to probate, not counting exempt property such as protected homestead, is $150,000 or less, or (b) the person has been dead for more than two years. (The dollar limit was $75,000 until July 1, 2026, when ch. 2026-57 raised it to $150,000; for a death before that date, the attorney will confirm which figure the court applies.) There is no personal representative; the heirs (or someone on their behalf) file a petition, and the judge signs an order that transfers the property directly. For a house, the order itself becomes part of the title.

Summary administration is the reason “it’s been years and nobody did anything” is rarely a disaster. After two years, creditor claims are barred (§ 733.710) and a house of any value can go through this faster process.

Formal administration (Fla. Stat. ch. 733)

The full process, used for estates over $150,000 within two years of death, or whenever someone needs the authority of a court-appointed personal representative (what other states call an executor) — for example to sell a house, deal with creditors, or collect assets. The personal representative receives Letters of Administration, which are the document a title company needs to see before a sale can close.

In formal administration the personal representative must be represented by a Florida attorney (Fla. Prob. R. 5.030), unless the representative is the only interested person. Summary administration has no personal representative and so no attorney requirement on paper, but in practice judges, clerks, and title insurers expect one. Either way, this is the attorney we pay for when we buy the house.

Step by step: from death to a closed sale

1. Deposit the will (if there is one) with the clerk of court in the county where the person lived. Florida requires the custodian of a will to deposit it within 10 days of learning of the death (§ 732.901), even if no probate is opened yet.
2. File the petition for administration in the circuit court of the county where the person was domiciled (§ 733.101). If the person lived out of state but owned a Florida house, an ancillary administration is opened in the county where the house is (§ 734.102). The petition names the heirs and asks the court to appoint a personal representative.
3. The court appoints the personal representative and issues Letters of Administration. Who has priority is set by § 733.301: the person named in the will, then (if no will) the surviving spouse, then the person selected by a majority of the heirs.
4. Notice to creditors is published in a local newspaper once a week for two consecutive weeks (§ 733.2121). Known creditors are served directly. Creditors then have three months from first publication to file claims — or 30 days after being served, for a known creditor served later (§ 733.702). If the person was 55 or older, the attorney must also serve the notice and death certificate on the Florida Agency for Health Care Administration, which runs Medicaid estate recovery (§ 733.2121(3)(d)).
5. Inventory: the personal representative files an inventory of the estate’s assets within 60 days of the Letters (Fla. Prob. R. 5.340). For most families, this is the house, a bank account or two, and a car.
6. Selling the house: if the will gives the personal representative a power of sale, the house can be sold without a separate court order; if not, the attorney petitions the court for an order authorizing sale (§ 733.613). Either way the buyer’s title company needs the Letters, the will, and any order. More on selling during probate.
7. Pay claims and expenses from the sale proceeds in the order the statute sets (§ 733.707): costs of administration and attorney fees first, then funeral expenses, then taxes and other claims.
8. Final accounting and distribution. The personal representative accounts to the heirs, distributes what is left, and petitions for discharge. The case closes.

Short version: if you want the house sold, we pay for the probate and get the attorney working within 24 hours — call or text (727) 353-6206, or use the form.

If the death was more than two years ago

Many of the houses we buy have been sitting since a death two, five, even ten years ago — taxes unpaid, no one willing to deal with it. Florida treats these more gently than people expect: because creditor claims are cut off two years after death, these estates qualify for summary administration regardless of value, and the house can be transferred by court order without appointing a personal representative. The cost is lower and the timeline is shorter. If back taxes have piled up, read about tax deed risk first — that clock is the dangerous one.

Who pays for all of this?

By law, the estate does — attorney fees, filing fees (set by § 28.2401; about $400 for formal and $345 for summary administration at most clerks’ counters), publication, and the personal representative’s expenses come out of estate assets before the heirs get anything. If the only real asset is the house, that means money has to be fronted by an heir until closing. When we buy the house, we front it instead and never ask for it back. The attorney still represents the estate, not us. Details are in what probate costs in Florida.

Can you avoid probate after someone has died?

Mostly no — the tools that avoid probate (trusts, lady bird deeds, survivorship deeds) have to be set up while the owner is alive. The realistic choices after death are summary or formal administration. The good news is that neither one has to be expensive or slow for you when a buyer is paying the bill and pushing the paperwork.

Questions people ask