How To Sell a Probate Property

After facing the loss of a loved one who did not leave a will or proper estate planning in place, selling a home can quickly become overwhelming. When a property must go through probate, the process is often long, emotional, and filled with legal requirements that most families are unfamiliar with.

Understanding how to sell a probate property in Florida is critical, especially when larger estates, multiple heirs, or court oversight are involved. Probate sales can take months, sometimes longer, and mistakes made early in the process can cause costly delays or even force you to start over.

This is not something most families plan for — and it often comes at a time when emotions are already running high.

Why Selling a Probate Property Can Take So Long

Probate exists to ensure that debts are settled properly and that the assets of the deceased are distributed fairly. While necessary, this process can slow down the sale of real estate significantly.

During probate, you may encounter:

Court oversight and required approvals
Legal filings and petitions
Appraisals ordered by the court
Waiting periods and hearing delays
Multiple heirs or beneficiaries with different interests

Executors are often required to liquidate real estate so the probate court can distribute funds evenly among beneficiaries. Because of this, patience and accuracy are essential.

If you find yourself navigating this situation, keep reading to learn how to sell a probate property in Florida the right way — without unnecessary delays or mistakes.

How To Sell a Probate Property in Florida : Step by Step

While probate laws vary slightly by jurisdiction, the following steps are common in most cases. To complete a valid sale, it’s crucial that all legal requirements for selling a probate property in Florida are followed exactly.

1. Certified Appraiser

Your first step is to locate an independent, certified appraiser. This appraisal establishes the fair market value of the property and is often required by the court before a sale can move forward.

You may find an appraiser through:

Probate attorneys
Local real estate professionals familiar with probate
Referrals within Florida

The appraisal becomes a foundational document for the rest of the process.

2. Petition the Court

Once the appraisal is complete, you’ll file a petition with the probate court requesting permission to sell the property.

Your petition should include:

Property details
The appraised value
The proposed method of sale (open market or auction)
Supporting documentation, including the certified appraisal

Only after the court approves this petition can you legally proceed with selling the probate property in Florida .

3. Offer the Property (With Conditions)

Once approved, the property may be offered for sale — with court confirmation required.

All buyers must be informed that:

The sale is conditional
The court must confirm the transaction
Higher bids may be accepted during the court hearing

This is one of the biggest differences between probate sales and traditional real estate transactions.

4. Court Confirmation Timeline

After the petition for confirmation is filed, court calendars can cause delays. It’s common to wait 20 to 40 days (or longer) before a hearing date is scheduled.

This waiting period is normal — and unavoidable — when selling a probate property in Florida .

5. Buyer Deposit

At this stage, a 10% deposit is typically collected from the buyer, based on the agreed purchase price. These funds are held pending the outcome of the court confirmation hearing.

6. Advertise the Hearing (Open Bidding)

To ensure the estate receives the highest possible price, probate law often requires public notice of the court hearing.

This opens the door for:

Additional buyers
Competitive bidding
Higher final sale prices

This process is known as open bidding, and it helps protect the interests of the estate and beneficiaries.

7. Court Hearing & Bidding

At the court hearing, bids may increase — often in increments of $500 or more. The original buyer and any members of the public may participate.

Once bidding concludes, the highest bidder must present a cashier’s check for the required amount.

8. Refunding the Deposit (If Necessary)

If another buyer outbids your original buyer:

The original buyer’s 10% deposit must be refunded in full

If the original buyer remains the highest bidder:

Their deposit is applied toward the purchase price

9. Closing the Probate Sale

After court confirmation, you can finally close on the probate property in Florida .

At closing:

All costs must be paid from the transaction
Net proceeds are deposited into the estate
Funds are later distributed according to court instructions

You Don’t Have to Navigate Probate Alone

Probate sales are complex, emotional, and time-consuming — especially for families already dealing with loss. The good news is that you don’t have to figure this out on your own.

We help families understand how to sell a probate property in Florida , explain available options, and guide the process with patience and clarity.

Helpful Resources on Selling Probate Property

How To Sell a Probate Property in Florida (Step-by-Step Guide)

If you’re looking for how to sell a probate property in Florida , you’re likely dealing with a stressful situation during an already difficult time. Probate real estate sales can take longer than a traditional sale because the court may require approvals, notices, and specific legal steps before you can close.

This guide explains how to sell a probate property in Florida in a clear, simple way—so you understand the process, avoid common delays, and know what to do next.

Why Probate Property Sales Take Longer in Florida

Probate exists to confirm the rightful heirs, settle debts, and distribute assets properly. When a home is involved, the court may oversee the sale to protect beneficiaries and ensure the estate receives a fair price.

Common reasons probate sales take longer:

Court approval required before accepting an offer
Appraisal requirements
Court calendar delays (often 20–40 days to confirm a hearing)
Public notice and open bidding (in some cases)
Multiple heirs or disputes

How To Sell a Probate Property in Florida : The Core Steps

1) Get a Certified Appraisal

Start by hiring an independent certified appraiser familiar with probate real estate in Florida . The appraisal supports the petition to sell and helps establish fair market value.

2) File a Petition to Sell

After the appraisal, file a petition with the probate court to sell the property. Include:

Property details
Appraised value
Proposed sale method (open market or auction)
Supporting documents (including the appraisal)

3) Market the Property (Court-Confirmation Sale)

Once approved, you can list or offer the home for sale. In many probate transactions, the offer must be conditional because the court must confirm the sale before it becomes final.

4) Court Confirmation & Timing

After filing for confirmation, expect scheduling delays. Many courts take 20–40 days (or longer) to set a hearing date depending on local calendars.

5) Collect the Buyer Deposit

A 10% deposit is commonly collected from the buyer at this stage, based on the purchase price.

6) Public Notice / Open Bidding (If Required)

Because the court aims to maximize value for the estate, probate sales may require public advertising of the hearing. This allows additional buyers to bid and can raise the final price.

7) Attend the Court Hearing

At the hearing, bidding may increase in set increments (often $500+). The highest bidder wins and must provide required funds (often by cashier’s check).

8) Refund Deposit if Overbid

If your buyer is outbid, the buyer’s deposit is typically refunded. If your buyer wins, the deposit is applied to the purchase.

9) Close & Deposit Proceeds Into the Estate

After confirmation, you close the sale. Net proceeds are placed into the estate account and distributed under probate rules.

Tips to Avoid Delays When Selling a Probate Property in Florida

Use an appraiser who understands probate
Ensure the petition includes all required documents
Disclose court confirmation requirements to buyers upfront
Work with professionals familiar with probate timelines
Be prepared for court calendar delays

Need Help Selling a Probate Property in Florida ?

We help families sell probate properties as-is, navigate timelines, and avoid common roadblocks—especially when the home needs repairs, there are multiple heirs, or paperwork is overwhelming.

Call Viera Investment Group LLC at +19738321791 or send a message to discuss how to sell a probate property in Florida .