Probate Property Sales
Complete guide to selling property during probate in Florida. Personal representative duties, court approval, timeline.
Probate is the legal process of administering a deceased person's estate through Florida courts. Required when real property is titled solely in the deceased's name. Not required for trust property, joint tenancy with right of survivorship, or transfer-on-death designations. Governed by FL Statutes 731-735 (Florida Probate Code).
Formal Administration: required for estates over $75,000 or death within 2 years. Takes 3-6 months minimum. Court appoints a personal representative (executor). Summary Administration: available for estates under $75,000 or death 2+ years ago. Faster process (4-8 weeks) with court order transferring assets directly to beneficiaries.
Yes. If the will grants selling authority, the PR can list and sell immediately after appointment. If not, the PR must petition the court for approval. The PR must act in all beneficiaries' best interest, notify all parties of the intended sale, and ensure the price is fair market value or justified.
PR appointment: 2-6 weeks. Property assessment and listing: 1-2 weeks. Finding buyer (agent): 30-90 days. Court approval (if needed): 2-4 weeks. Closing: 7-14 days (cash) or 30-45 days (financed). Total with agent: 4-8 months. Total with cash buyer: 6-10 weeks.
Florida requires a 90-day creditor claims period after Notice to Creditors is published (FL Statute 733.702). Known creditors get direct notice with 30 days to file claims. The estate must reserve funds for valid claims before distributing proceeds. This does not prevent the sale - it affects how proceeds are distributed.
Property often in poor condition (elderly owners defer maintenance), heirs want fast resolution (especially out-of-state), traditional financing adds complexity to probate sales, and cash buyers have experience navigating probate timelines and working with probate attorneys.
You can sell during probate once the PR is appointed and has authority. Cannot sell before PR appointment.
The personal representative makes the selling decision. Beneficiaries can petition the court if they object.
Yes. Most probate properties sell as-is because heirs do not invest in repairs for property they are liquidating.