The short version
- A power of attorney ends at death. Only someone the court authorizes, or the people who now hold title, can sign the deed.
- With a power of sale in the will, the personal representative can usually sell without a court order. Without one, the court must approve the sale (Fla. Stat. 733.613).
- Summary administration, the shorter process, now covers Florida estates up to $150,000 (it was $75,000 until July 1, 2026), or any estate where the owner died more than 2 years ago.
- Creditors generally have 3 months after the notice to creditors is first published to file claims. A mortgage still gets paid off at closing.
- A homestead often passes straight to the spouse or heirs, and title companies commonly want a court order settling homestead status first.
Can you sell a house in probate in Florida?
Yes, once the court appoints a personal representative and issues Letters of Administration. If the will gives a power of sale, the personal representative can usually sell without a court order. If it does not, the court must authorize or confirm the sale before title passes (Fla. Stat. 733.613).
Letters are the court's written authority for the personal representative to act for the estate (Fla. Stat. 731.201). Those powers start on appointment (Fla. Stat. 733.601), so no one can sign a deed for the estate before then. A power of attorney the owner signed while alive does not help: it ends at death (Fla. Stat. 709.2109).
| Situation | Who signs | Court step for the sale |
|---|---|---|
| Formal administration, will has a power of sale | The personal representative | Usually none (733.613(2)) |
| Formal administration, no will or no power of sale | The personal representative | The court must authorize or confirm the sale (733.613(1)) |
| Summary administration | The people the court's order names, usually together | The order hands out the property directly (Fla. Stat. 735.206) |
| Protected homestead | The spouse and heirs who now own it | Title companies commonly require an order determining homestead |
| Living trust, or joint owners with survivorship | The trustee, or the surviving owner | Usually no probate for the house |
A house with a Lady Bird deed (also called an enhanced life estate deed) can also pass at death without probate. An attorney can read the deed and tell you whether one applies. If nothing like that fits, some court process is usually needed before anyone can sell.
Florida's probate rules require a personal representative to have a Florida lawyer, unless they are the only interested person or are a Florida lawyer themselves (Fla. Prob. R. 5.030). A typical estate sale goes like this:
- The court appoints the personal representative and issues Letters.
- The personal representative secures the house and gets a value, such as an appraisal or written offers.
- They sign a contract, subject to court confirmation when that is needed.
- The title company checks the Letters, any court order, homestead status, creditor claims and the mortgage.
- At closing, the mortgage and liens are paid from the sale money, and the rest goes where the estate's attorney directs.
Summary or formal administration: which applies, and how long does it take?
Summary administration is the shorter path. Since July 1, 2026, it is open when the Florida estate subject to administration, minus property exempt from creditors, is worth $150,000 or less, or when the owner died more than 2 years ago (Fla. Stat. 735.201).
The limit was $75,000 until a 2026 law (CS/HB 1337, ch. 2026-57) doubled it, so older pages may still show $75,000. If the owner died before July 1, 2026, ask the attorney which limit applies. Summary administration is also off the table if the will requires formal administration.
In summary administration, the court usually appoints no personal representative. Its order names who receives each asset, and those people can sell. Before the order, the person filing must search for creditors, serve them and provide for paying them as far as the assets allow (735.206).
Formal administration is the full process. The court appoints a personal representative, and a notice to creditors runs in a local newspaper once a week for 2 weeks in a row (Fla. Stat. 733.2121). A personal representative who lives outside Florida must be a relative the law lists, such as the spouse, a child, parent, sibling, aunt, uncle, niece or nephew (Fla. Stat. 733.304). The house can be sold while the estate is still open.
| Path | When it applies | Typical time (estimate) |
|---|---|---|
| Summary administration | Florida estate of $150,000 or less (exempt property not counted), or death more than 2 years ago | Often a few weeks to a few months, depending on the court and the creditors |
| Simple formal administration | Larger estates, or when someone must act for the estate | About 5 or 6 months, per The Florida Bar. The creditor period alone is 3 months. |
| Formal administration with problems | Disputed claims, a will contest, missing heirs, title problems | Often a year or more |
Want to know what we would pay?
Tell us about the house. Matan reviews it himself and calls you back.
How long do creditors have, and why does the title company care?
In formal administration, creditors generally must file claims within 3 months after the notice to creditors is first published, or 30 days after being served with it if that is later (Fla. Stat. 733.702). Nearly all claims are barred 2 years after the death (Fla. Stat. 733.710).
If the owner was 55 or older, the personal representative must also serve the notice on Florida's Agency for Health Care Administration, which runs Medicaid, within 3 months after first publication (733.2121).
A title company needs to see that the signer has authority, that no estate claim can follow the house, and that every mortgage and lien gets paid. A sale under a will's power of sale or a court order gives the buyer title free of the estate creditors' claims (733.613(3)). A buyer from the heirs after a summary administration order gets similar protection, but the heirs stay personally liable for valid claims, up to what they received, for 2 years after the death (735.206).
Recorded mortgages and liens survive both deadlines, so they are paid from the sale money at closing.
What changes if the house was the owner's Florida homestead?
Often a lot. Protected homestead usually passes straight to the spouse or heirs instead of through the estate, and it is shielded from most creditors. If the owner left a spouse or a minor child, a will cannot leave it to anyone else, except to the spouse when there is no minor child.
The Florida Constitution protects a homestead from forced sale for most debts. The exceptions include property taxes, assessments and debts to buy, improve or repair the house, such as a mortgage (Art. X, sec. 4, Fla. Const.). Protected homestead is not an estate asset the personal representative controls (Fla. Stat. 733.608), so the people who inherit it usually sign the sale.
- Spouse or minor child. The homestead cannot be left by will to anyone but the spouse, and to the spouse only if there is no minor child (Fla. Stat. 732.4015). This also covers a homestead in the owner's revocable trust.
- Spouse and descendants, no valid gift by will. The spouse gets a life estate and the descendants get the rest, or the spouse can choose within 6 months after the death to take a half share instead (Fla. Stat. 732.401). Either way, several people sign.
- Minor heirs. A parent can manage a child's inheritance without a court-appointed guardian only up to $15,000 in total (Fla. Stat. 744.301). Above that, a guardianship is usually needed before the child's share can be sold.
- Who decides. Any interested person can ask the probate court to determine homestead status, and the order names the owners and their shares (Fla. Prob. R. 5.405). Title companies commonly require it before they insure a sale.
If the house sits empty, the personal representative may take possession only to preserve, insure and protect it. They can get a lien for those costs, and the court can move that lien onto the sale money (733.608).
What should you keep doing while probate runs?
Keep the house insured, locked, maintained and current on taxes and the mortgage. The personal representative has a duty to protect estate property (Fla. Stat. 733.607), and the bills keep coming whether or not anyone lives there.
- Insurance. Tell the insurer about the death and ask what the policy covers while the house is empty. Many policies limit coverage on vacant homes.
- Security. Change the locks, forward the mail, remove valuables and check the house after storms.
- Utilities and yard. Keep the power on so the air conditioning controls humidity, and keep the lawn cut so it does not draw code complaints.
- Taxes and mortgage. Property taxes are due November 1 and delinquent April 1 (Fla. Stat. 197.333), with a 4 percent discount for paying in November (Fla. Stat. 197.162). Keep paying the mortgage if the estate can.
Taxes on the sale. For federal income tax, an heir's basis is generally the house's fair market value on the date of death, often called a stepped-up basis (IRS Publication 551; 26 U.S.C. 1014). That makes a date-of-death appraisal worth getting. Florida has no state estate tax for deaths after 2004 (Florida Department of Revenue). Talk to a CPA before you sell.
Keep, rent, list or sell as-is: which option fits?
It depends on the house's condition, how many heirs share it, and how much time and money the family can put in. Here is an honest comparison.
| Option | Often fits when | Watch for |
|---|---|---|
| Keep the house | An heir wants to live there and can carry the costs | Every co-owner must agree. Taxes can rise after ownership changes. |
| Rent it out | The house is rentable now and someone will manage it | Repairs, landlord duties and risk shared among all owners |
| List with an agent | The house shows well and the family can wait | Usually the highest price for a house in good shape, minus commission, closing costs and repair requests |
| Sell as-is on the open market | The house needs work but can still be insured and financed | Buyers price in repairs, and loans can fall through on houses that fail inspections |
| Sell as-is to a cash buyer | Major work or a cleanout, heirs far away, or a set closing date matters | Cash offers are usually below a fully repaired value. Check that the buyer closes in its own name. |
| One heir buys out the others | One heir wants the house and can pay or borrow | Needs a fair value and everyone's signature. If heirs cannot agree, a co-owner can ask a court for partition, and Florida's heirs property law gives the others a buyout right (Fla. Stat. 64.207). |
To see what a cash offer would leave the estate compared with listing, use our cash offer vs. listing comparison.
Where is probate filed in Pinellas, Hillsborough and Pasco?
Pinellas and Pasco are in Florida's Sixth Judicial Circuit, and Hillsborough is in the Thirteenth (Fla. Stat. 26.021). Each county's Clerk of Court takes probate filings and keeps the records you can search.
| County | Court and filing | Records to search |
|---|---|---|
| Pinellas | Sixth Circuit. Cases go to the Clearwater or the St. Petersburg probate section by ZIP code (Admin. Order 2025-035). Start at the Pinellas Clerk and choose Probate. | The Pinellas Clerk's court records and Official Records searches |
| Hillsborough | Thirteenth Circuit. The Hillsborough Clerk probate page lists service in downtown Tampa, Plant City and Brandon, and already shows the $150,000 limit. | HOVER for court cases; Official Records for deeds and liens |
| Pasco | Sixth Circuit. Pasco Clerk probate has offices in Dade City and New Port Richey, plus forms and checklists. Its case types page still shows the old $75,000 limit. | Official Records search for deeds, mortgages and liens |
Florida clerks record Letters of Administration, orders admitting a will and orders determining beneficiaries in the Official Records (Fla. Stat. 28.223). Search by the owner's name to see the deed, any mortgage, recorded liens and the probate orders.
How does Tao Home Buyers handle a probate or inherited house?
We buy inherited houses as-is in Pinellas, Hillsborough and Pasco, for cash. We work with the personal representative and the estate's attorney, and handle cleanout, locks, utilities and lawn care.
We are the end buyer: Tao Builders LLC buys in its own name and closes at a licensed title company, and we do not assign or wholesale contracts. Earnest money goes to the title company the same day the contract is signed (or the next business morning if it is signed after hours). Our proof of funds is a letter from our lender.
We can close in as few as 10 days once the title is clear, and the estate picks the closing date, so it can line up with a court order. Our cash offer will usually be below what the house would bring fully repaired. Matan, the owner, has bought houses around Tampa Bay for 4 years and has personally bought more than 50. He is a licensed Florida real estate sales associate with Jay Alan Real Estate, buying for his own company as a principal, not as anyone's agent.
Sources
Official sources we checked for this page. Rules change, so confirm anything important with the source or a Florida attorney.
- Fla. Stat. 733.613, personal representative's right to sell real property (Florida Senate)
- Fla. Stat. 735.201, summary administration (Florida Senate)
- CS/HB 1337 (2026), ch. 2026-57, raising the summary administration limit (Florida Senate)
- Fla. Stat. 733.702, limitations on creditor claims (Florida Senate)
- Fla. Stat. 733.710, 2-year limit on claims (Florida Senate)
- Fla. Stat. 733.608, estate assets and protected homestead (Florida Senate)
- Fla. Stat. 732.401, descent of homestead (Florida Senate)
- Florida Constitution, Art. X, sec. 4, homestead (Florida Senate)
- Florida Probate Rules, including Rules 5.030 and 5.405 (The Florida Bar, Oct. 15, 2026)
- Probate in Florida, consumer pamphlet (The Florida Bar)
- IRS Publication 551, Basis of Assets: inherited property
- Probate, Guardianship and Trust (Hillsborough County Clerk of Court)