Selling a House in Probate Florida

Probate properties are a great opportunity for real estate investors and those looking for a discount, but what does it take for a homeowner dealing with the probate process to sell? This article is an informative resource for anyone dealing with the probate process. It will explain what is probate and how you can navigate the often tricky process to sell a property in probate while still making a profit.

What is a Probate?

When someone passes away, their assets don’t simply disappear or change hands automatically. Instead, ownership transfers either to designated beneficiaries (if a valid will or estate plan exists) or becomes subject to court oversight if the person died intestate—meaning without a will. This legal process is known as probate, and it plays a critical role in determining how assets, debts, and obligations are handled after death.

Probate generally falls into two categories: informal and formal. Informal probate involves limited court supervision and is typically used when an original will is available, the estate is relatively straightforward, and all heirs are in agreement. In these cases, the process can move efficiently with minimal disruption.

This article focuses on navigating formal probate, which is far more complex and time-consuming. Formal probate becomes necessary when the estate carries significant debt, beneficiaries dispute the terms of the will, questions arise about the validity of the documents, or the original will cannot be located. In these situations, court involvement is unavoidable—often leading to delays, additional legal costs, and heightened emotional stress during an already difficult time for families. Understanding how formal probate works, and the challenges it presents, is essential for anyone dealing with a contested or distressed estate.

Selling a House in Probate

Can a House Be Sold While in Probate?

Yes, it can. Whether a property in probate can be sold depends on how the estate was structured at the time of the person’s passing and who has legal authority over the estate. In probate, a property may be sold by one of three entities.

The first is the executor of the estate, who is the individual named in the will to manage the estate and oversee the distribution of assets according to the decedent’s wishes. The second is the administrator of the estate, who is appointed by the Court when the person passes away intestate—meaning without a will—and there are known heirs or beneficiaries entitled to the estate. The third possibility is the Court itself, which may take control in situations where the person died intestate and no heirs step forward to seek administration of the estate.

Once the executor, administrator, or the Court determines who legally inherits the property, the heir(s) or beneficiaries may then begin the process of petitioning the Court for permission to sell the probate property. This process often includes court filings, required notices, and judicial approval, all of which can add time and complexity. Understanding who has authority to act is a critical first step in navigating the sale of a probate property successfully.

Get a Cash Offer for Your Probate Property

What Does it Take to Sell a House in Florida While in Probate?

An executor’s primary responsibility is to preserve and manage the estate’s assets for proper distribution to the heirs or beneficiaries, in accordance with the terms outlined in the will. This includes safeguarding property, paying required expenses, and ensuring that all legal and financial obligations of the estate are properly addressed. However, there are situations where preserving the estate does not mean holding onto the property.

In some cases, the estate may carry significant debt—such as medical bills, credit card balances, or unpaid taxes—or the property itself may have been neglected, resulting in code violations or back taxes owed to local or federal authorities. When this happens, the executor of the estate, the court-appointed administrator, or the Court itself has the legal authority to sell the property to satisfy those debts, even if heirs exist. Creditors must be paid before any inheritance can be distributed.

For example, consider an elderly woman who passes away and leaves behind a will naming an executor to manage her estate. She has two heirs. At the time of her death, she has accumulated $90,000 in total debt—$80,000 in hospital bills and $10,000 in credit card debt. Her only significant asset is a home valued at $150,000, and she has no cash or liquid assets available to pay her creditors. Despite her passing, the estate remains legally responsible for settling these outstanding obligations.

If the heirs are unable or unwilling to pay the $90,000 in debt out of pocket, the executor must act in the best interest of the estate by selling the property. Once the home is sold and the debts are paid, the remaining $60,000 in equity would then be distributed between the two heirs according to the terms of the will.

A probate property may also be sold in situations where the person dies without a will and there are no immediate heirs available to step forward. In these cases, the Court may assume control of the estate, appoint an administrator if necessary, and ultimately order the sale of the property. Any remaining proceeds are then distributed to the closest legally recognized relatives under state intestacy laws.

Understanding these scenarios is critical, as probate sales are often driven not by choice, but by legal necessity. Knowing when and why a property must be sold can help heirs, families, and estate representatives make informed decisions and avoid unnecessary delays or complications.

Our Simple Probate Home Selling Process

Steps for Selling a House in Probate

If you own a property in Florida that is stuck in probate and you’re struggling to find a way to sell it, there is hope. While probate can feel overwhelming, the reality is that—depending on local and state laws—the process of selling a probate property can often be completed in a clear, step-by-step manner. In most cases, the process unfolds over four key steps.

The first step is ensuring that an executor or administrator has been formally appointed. If the deceased named an executor in their will, that person must be approved by the Court. If no will exists, the Court will appoint an administrator to manage the estate. Until this appointment is made, no major decisions—such as selling the property—can legally move forward.

Once you are officially assigned as the executor or administrator (or if you are working in agreement with the appointed executor), you gain the authority to decide whether the property should be kept or sold. This decision often depends on practical considerations, such as whether the estate owes money to creditors, the condition of the property, or whether the heirs inherited a home in another state that does not make sense to maintain. In many cases, selling the property allows everyone involved to resolve the estate and move on.

Before you can list the property for sale, however, the Court typically requires that the home be professionally appraised to establish fair market value. After the appraisal is completed, you may then petition the Court for permission to sell. Once approved, the property can be sold in several ways: listed for sale by owner (FSBO), listed with a trusted real estate agent experienced in probate transactions, or sold directly to an investor for a faster, more streamlined closing. Each option has its own benefits, and the right choice depends on the goals and circumstances of the estate.

Decide How to Sell the Property: 

Valuation or Appraisal 

First up is finding out how much that property is worth. To do this you’ll need a valuation of the land by a trusted professional, or you’ll need to hire a professional appraiser that understands the law in the area as it pertains to the process of evaluating the property’s current value. In many states, the Court requires the property to be sold for at least 90% of its appraised value. That makes it even more important to find an appraiser with probate property experience that won’t balloon the worth of the land.

Listing the House 

Once you have your appraisal, you, the executor, and/or your lawyer will need to file an intention to sell the house and other assets with the court. This form will include the final appraisal amount and which method you would like to use to sell the property. Methods can include auction, a traditional market sale, selling directly to an investor, and more. When the petition is approved, you are ready to list the property to let buyers know that the property is available. Whether you choose to sell the house yourself, use an experienced real estate agent, or sell directly to an investor, make sure that you have someone in your corner that has experience with probate properties.

Offers

Whether offers fly in or trickle, eventually you’ll need to decide which offer is right for you. Evaluating your goals for the sale of a house is an important part of this step. Do you need a quick sale so that you can pay off the estate’s debts? Would you prefer to wait a bit longer and see if you can get more profit from the sale? Or is the property in disrepair and needs a special buyer who can handle a complete remodel? These are all things you’ll need to take into consideration when you decide when and how to list a property in probate.

Knowing what goals you need to meet with the sale of the property will help you decide which offer to accept so that you can move on to the next step…

Notice of Proposed Action

Once a buyer makes an offer, they need to be informed that the sale can only be completed after the court’s confirmation. Due to disclosure law, this should not come as a surprise but a buyer inexperienced in probate may balk at the added time needed for the sale. This is often one of the reasons why a probate house is skipped over for another property, even if the probate property is priced to sell fast. The delayed timeline may cause a buyer to decide it’s not worth the wait. But if a buyer has come forward with an offer and doesn’t mind the wait, the Court will review the bid before releasing an order to approve the sale of the property.

Bidding

In the case of auctions, a property in probate can be marketed as ready to sell before the Court finalizes an Approval to Sale to help draw in more interested parties to bid. In the case of auctions, the Court often is the one who handles the bids. There are strict rules and guidelines that must be followed for this type of sale, making it only used as a last resort. Once someone has won the bidding the executor will petition the court to authorize the sale of the property, but if any of the Heirs object the sale can be canceled and the property put on hold as the Court decides the next steps.

Finalization of Sale

Hopefully, the sale of that house, condo, rental property, or piece of land is a smooth and straightforward experience. Even if you experienced a few hitches along the way, once you have an offer that the Court accepts it’s time to finalize the sale. The executor or lawyer will need to file a final account and petition for the final distribution but once the Court approves this, title documents can be signed to make the house sale official.

Mistakes to Avoid When Selling a Probate Property 

Moving Too Quickly 

When a person passes away, families are often faced with difficult decisions during an already emotional time. In many cases, they may want to move quickly to sell the property so they can focus on grieving and begin the process of closure. Managing a home, court deadlines, and ongoing expenses can feel overwhelming, especially when emotions are high.

In other situations, the estate may carry debt that continues to accrue interest month after month. When this happens, the executor or administrator may feel pressure to sell the home as quickly as possible—even pricing it below market value—to stop the financial bleeding and pay off creditors. Speed often becomes a priority over maximizing value.

A rushed sale can also occur when the property is in poor condition or requires significant repairs or upgrades that the beneficiaries are unwilling or unable to fund. Rather than investing additional time and money into renovations, heirs may choose to undervalue the property and sell it as-is simply to resolve the estate and move forward.

While selling quickly can sometimes be the right decision, it’s important to understand how these factors can impact the final sale price. Knowing all available options can help families balance speed, value, and peace of mind during the probate process.

Not Completing a Real Estate Disclosure 

Depending on what state you live in, Real Estate Disclosure laws can be almost as tricky as the probate process! These laws are a list of issues (such as lead paint or asbestos) that must be disclosed to the buyers about a home before closing on the property. 

Most states require sellers and their agents to disclose in writing “material defects” about the home. According to the National Association of Certified Home Inspectors, material defects are “…a specific issue with a system or component of a residential property that may have a significant, adverse impact on the value of the property, or that poses an unreasonable risk to people. The fact that a system or component is near, at or beyond the end of its normal useful life is not, in itself, a material defect.”

Experienced real estate agents are great at navigating these tricky waters, but what if you inherited a house that you never lived in? How would you know what to disclose? In some states, the executor, person selling the property, and/or real estate agent may be exempt from filling out local real estate disclosure forms due to the property being in probate. This is because that person does not and did not live in the property, so would have no way of knowing what to disclose.

If you are unsure of your state laws, someone who is experienced in probate real estate (whether it be a real estate agent or investor who has purchased probate properties in the past) will be able to help you navigate these legal waters. If looking into the latter option, be sure to sell your property directly to an experienced investor who doesn’t mind purchasing a property in probate and is willing to take the risk of purchasing a home from someone who is unable to give proper disclosure. You do have options!

Failing to Hire a Lawyer

We cannot emphasize this enough—a knowledgeable real estate attorney with probate experience can make the process significantly faster and far less stressful than attempting to navigate it alone. Probate involves strict timelines, required court filings, and legal nuances that can easily delay or derail a sale if even one step is missed.

An experienced probate attorney understands exactly how to petition the Court and secure the proper authority to sell the property. They guide executors, administrators, and families through each required legal step, helping prevent costly mistakes, unnecessary delays, and added emotional strain when dealing with an unwanted house or property.

Even a single consultation can be invaluable. Speaking with a probate attorney helps ensure you’re not overlooking critical details or hidden blind spots in the probate process—such as creditor claims, heir notifications, court approvals, or title-related issues. The right legal guidance provides clarity, confidence, and peace of mind during a time when families need it most.

Waiting Too Long to Start the Probate Process

When someone loses a loved one, grief often causes everything else to be put on hold while family members process the loss. That response is completely natural. However, while time may feel paused emotionally, the obligations tied to a probate property do not stop.

Property taxes continue to accrue, utility bills keep arriving, and if there is an outstanding mortgage, the lender will still expect monthly payments until the estate is settled. Insurance, maintenance, and potential code or HOA violations may also become ongoing expenses. When action is delayed, these costs can accumulate quickly.

Waiting too long to address a probate property can significantly drain the estate’s assets, reducing what is ultimately left for heirs or beneficiaries and creating unnecessary financial pressure. Understanding these ongoing obligations early allows families and executors to make informed decisions, protect the estate’s value, and avoid finding themselves in an even more difficult situation down the road.

1. Selling a House in Probate

2. Selling a House in Probate

3. Selling a House in Probate