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Selling a house in probate in Florida.
In Florida, probate runs through the circuit court, and whether a house can be sold without a judge's sign-off often depends on what the will says.
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Probate · Florida
How it works in Florida.
Florida probate cases are handled by a circuit court judge and filed with the clerk of the circuit court in the county where the person lived when they died. The person who manages the estate is called the personal representative, which is Florida's word for an executor. Their authority comes from a court document called letters of administration, and buyers, title companies and lenders will usually ask to see it before a sale can move forward.
Not every Florida home goes through probate in the same way. Some estates qualify for summary administration, a shorter court process, and a homestead home can follow its own rules when a spouse or children survive. The will, how the deed was titled and who the heirs are all shape what is possible. A Florida probate attorney can review the paperwork and explain which path fits your family before anyone lists or signs anything.
Florida specifics
What to know in Florida.
Circuit court handles probate
In Florida, a circuit court judge presides over probate, and filings go through the clerk of the circuit court in the county where the person was domiciled at death. That county is where you will look for the estate file and any orders about the house.
Personal representative and letters
Florida calls the estate's manager the personal representative rather than executor. The court issues letters of administration, which show that person has authority to act for the estate, including dealing with real estate.
When a judge must approve a sale
Under section 733.613 of the Florida Statutes, if the will expressly gives a power to sell real property, the personal representative can generally sell without court authorization or confirmation. If there is no will, or the will gives no usable power of sale, title does not pass until the court authorizes or confirms the sale.
Summary administration
Florida offers summary administration, a shorter process, under chapter 735. Under current law it is generally available when the Florida estate subject to administration, less exempt property, is worth no more than $75,000, or when the person has been dead for more than two years. The surviving spouse and beneficiaries typically sign the petition.
Homestead follows special rules
A Florida homestead is generally not treated as an ordinary probate asset. If the home was in the owner's sole name and a spouse and descendants survive, the spouse may receive a life estate with descendants receiving the property afterward, or the spouse may elect a one-half interest instead. These rules can affect who must sign a sale.
This is general information, not legal or tax advice. Rules can change and every situation is different, so confirm the details for your case with a Florida attorney or the appropriate office.
Your options
There is more than one path.
Distribute the home to heirs
Instead of selling, the estate can transfer the house to one or more heirs once probate allows. This can work well if someone wants to live in or keep the home. It may require heirs to agree on buyouts or shared ownership.
List with an agent who knows probate
An agent familiar with probate sales can help with pricing, court requirements and marketing to the open market. This is often the clearest way to see what the home is worth. It can take longer, especially if court confirmation or repairs are involved.
Explore offers from investors and professionals
Some executors prefer to hear from buyers who are comfortable with probate timelines and homes sold as-is. Through Doorbloom, you can share the property details and decide whether to talk with independent professionals. Any sale still has to follow the court's rules, and it is worth comparing against a listing.
How it works
Three clear steps.
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Tell us about your home
Share the address, condition and your timeline. It takes about a minute, and we only ask what is needed for the next step.
- 2
Review who is interested
Real estate investors and professionals review your home. You see who they are before anyone gets your contact details.
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Choose your next step
Talk to the people you want, compare your options, or decide not to sell. There is no pressure and no obligation.
Questions
Questions from Florida homeowners.
Does Florida require court approval to sell a house in probate?
It depends on the will. Under Florida law, a personal representative whose will grants a power to sell real property can usually sell without a court order. If there is no will or no usable power of sale, the court must authorize or confirm the sale before title passes. An attorney can read the will and confirm which applies.
What is summary administration in Florida?
It is a shorter probate procedure under chapter 735 of the Florida Statutes. Under current law it is generally available when the estate subject to administration in Florida, less exempt property, is worth no more than $75,000, or when the person died more than two years ago. The court can then order distribution once the requirements, including a diligent search for creditors, are met.
Can a house avoid probate in Florida?
Sometimes. Florida has not adopted a statutory transfer-on-death deed for real estate, but many owners use an enhanced life estate deed, often called a Lady Bird deed, which lets the home pass to a named beneficiary without probate. Property held in a trust or with a right of survivorship can also pass outside probate.
How long do creditors have to file claims in a Florida probate?
Creditors who receive notice generally have three months to file a claim with the clerk, and the personal representative also publishes a notice to creditors in a local newspaper. This timing can affect when sale proceeds are distributed, so check the schedule with the estate's attorney.
Is Doorbloom buying my house?
No. Doorbloom is a platform that connects Florida homeowners with real estate investors and professionals. Any offer comes from them, and nothing is binding until you sign a purchase agreement.
What does it cost?
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