Selling an Inherited House in Florida: Probate Steps in Plain English
Losing a family member is hard enough. Then comes the house: who’s in charge of it, whether it can be sold, and what to do if it’s sitting empty in Jacksonville while you live somewhere else. This guide walks through how a probate house sale generally works in Florida, with links to the Florida laws behind each step.
This is general information, not legal advice. Probate rules depend on the will, the family, the type of property, and the court. Most Florida probates require an attorney, so please talk with a Florida probate attorney about your situation.
What probate is
Probate is the court process for wrapping up someone’s affairs after they pass away: confirming the will (if there is one), paying valid debts and expenses, and transferring what’s left to the people entitled to it. Florida’s probate code is in Chapters 731–735 of the Florida Statutes. In Jacksonville, probate cases are filed with the Duval County Clerk of Courts in the Fourth Judicial Circuit.
If a house was titled only in the deceased person’s name, it often has to go through probate before a buyer can get clean title. (Houses held in a trust, or owned jointly with survivorship rights, may be handled differently. Ask your attorney.)
The personal representative
The court appoints a personal representative (often called an executor in other states) to manage the estate. Under §733.608, F.S., the decedent’s real and personal property in Florida, except protected homestead, is treated as assets in the personal representative’s hands, for paying claims and expenses and for distribution.
In practice, the personal representative is usually the person who signs the listing agreement or sale contract and the closing documents for the estate.
When can the house be sold?
It depends largely on what the will says. Under §733.613, F.S.:
– If the will gives a power of sale, the personal representative generally may sell real property of the estate without court authorization or confirmation (§733.613(2)).
– If there’s no will, or the will doesn’t give a usable power of sale, the personal representative may sell at public or private sale when it’s in the estate’s best interest, but no title passes until the court authorizes or confirms the sale (§733.613(1)).
So in some estates the sale moves on a normal real estate timeline once the personal representative is appointed. In others, there’s an extra step: a petition and a court order.
There’s also creditor timing. Under §733.702, F.S., most claims must be filed within 3 months after the first publication of the notice to creditors (or 30 days after service, for creditors who must be served, if later). Your attorney may want to factor this in before money is distributed.
Homestead: the big “it depends”
If the house was the deceased person’s Florida homestead (their primary residence), special rules may apply. Protected homestead generally isn’t treated as an estate asset under §733.608, and Florida law limits who it can pass to when there’s a surviving spouse or minor child. Under §732.401, F.S., for example, if homestead isn’t validly devised and there’s a surviving spouse and descendants, the spouse may take a life estate (or elect a one-half interest) with the rest going to the descendants.
What that means for a sale: who must sign, and whether a court determination of homestead is needed, can change. This is exactly where an attorney earns their fee. We won’t guess on your title, and you shouldn’t either.
Listing vs. selling as-is to a cash buyer
Once the estate is able to sell, families usually choose between two routes:
Listing with an agent. Often the best way to reach full retail value if the house is in good shape and the estate can carry it for a while. Expect showings, repairs or credits, and buyer financing contingencies.
Selling as-is for cash. Often a fit when the house needs work, is full of belongings, has code issues or back taxes, or when heirs simply want a simpler process. You usually trade some price for speed, fewer repairs, and fewer moving parts.
Neither is right for everyone. It’s worth comparing real numbers before deciding.
If you live out of state
Many heirs we hear from don’t live in Jacksonville. A few things that help:
– Keep the property insured and secured. Vacant houses can carry insurance, theft, and code-enforcement risks. See our page on selling a vacant house.
– Keep property taxes and any mortgage payments in view. If payments have lapsed, our foreclosure page explains options.
– Ask your attorney and title company whether documents can be signed remotely or by mail. Many closings can be handled without traveling, but that depends on the title company and the documents.
Where we fit in
Re-Established Homes LLC is a Jacksonville cash buyer, not a listing brokerage. We buy some homes ourselves, and for others we introduce the seller to investor buyers we work with. We look at inherited houses as-is, including ones with belongings left inside or repairs nobody wants to take on. We work alongside your probate attorney and title company. We don’t replace them. And if listing makes more sense for your family, we’ll say so.
Learn more on our selling an inherited house in Jacksonville page, or see selling a house as-is.
Frequently asked questions
Can I sell an inherited house before probate is finished?
Sometimes. A personal representative can often sell during probate. If the will grants a power of sale, court approval generally isn’t required under §733.613(2). If not, a court order authorizing or confirming the sale is generally needed. Your attorney can tell you which applies.
Who signs the paperwork to sell?
Usually the court-appointed personal representative, on behalf of the estate. For homestead property, heirs or a surviving spouse may also need to sign. That’s a title question for your attorney and title company.
Do all the heirs have to agree?
It depends on the will, the type of property, and whether court approval is needed. Disagreements among heirs are common, and a probate attorney can explain your options.
Do I have to clean out or repair the house first?
Not if you sell as-is to a cash buyer. If you list, cleanup and repairs often help with price and showings. That’s a trade-off to weigh.
Inherited a house in Jacksonville and not sure where to start? Call (904) 799-6790 or fill out the short form on our homepage. No pressure, no obligation.
Re-Established Homes LLC is not a law firm and does not provide legal advice.