Some inherited houses require probate before sale; others pass through a trust, joint ownership or another valid transfer arrangement. The personal representative usually handles the sale, and the timeline depends on the estate.
Some inherited houses require probate before sale; others pass through a trust, joint ownership or another valid transfer arrangement. For estate property subject to administration, an authorized personal representative usually handles the sale, and the timeline depends on the estate.
Step by step
Open the estate. The court appoints a personal representative, who receives letters of administration.
Gather the facts. Find out who owns the house, whether there is a mortgage, back taxes, or an HOA balance, and whether there is a will.
Decide to keep or sell. Heirs can keep the house, rent it, or sell it.
Sell. The personal representative signs the contract and deed. Some sales need court approval.
Pay debts and distribute. Liens, taxes, and estate costs are paid before heirs receive proceeds.
How long does it take?
A straightforward estate can take six to twelve months or longer. Disputes and complex titles add time.
Common problems
Heirs disagree about selling or keeping.
Back taxes, liens, or a mortgage are attached to the house.
A vacant house still has insurance, utilities, and upkeep due.
Homestead rules. Florida’s homestead rules can limit how the property passes. Ask a probate attorney.
Can you sell before probate ends?
Often the sale can happen during probate once the personal representative has authority. Without it, a buyer’s title company will not insure the sale.
What to do this week
Find out who the personal representative is, or will be, and talk to a Florida probate attorney. If you want help on the sale side, send me the address and I will lay out the numbers.
Disclosure: I am a licensed REALTOR with eXp Realty, and I also invest in homes through my own company. If I am ever the buyer, I will tell you in writing before you decide.
Important homestead distinction: Protected Florida homestead and property held through trusts, joint ownership or other transfers can follow different rules. A personal representative does not automatically control protected homestead. Have a Florida probate attorney and the title company confirm ownership, signing authority and required orders before contracting.
General education, not legal, tax or investment advice. Discuss your circumstances with a licensed Florida attorney or tax professional. Yoganand Ganeshram PA, licensed Florida real estate agent with eXp Realty. Equal Housing Opportunity.
Originally published on Equity Edge Orlando. Reviewed for this Substack edition.