Property Click Capital · Home Seller Guide

Selling a House in Probate in Florida

When a Florida resident passes away owning real estate, the home typically must go through probate before it can be sold or transferred — unless it was held in a living trust or via a transfer-on-death deed. The probate process in Florida can take 4 to 18 months. Selling during probate is possible and often desirable to stop holding costs. This guide explains how.

Florida Probate Basics

The executor (called "personal representative" in some states) has fiduciary responsibility to manage and eventually sell or distribute estate assets. Florida probate courts require Letters Testamentary before the executor can sign contracts, and may require court approval of the sale — particularly if heirs disagree on the sale price.

Step 1: Get Letters Testamentary

Your probate attorney files the will (if one exists) with the Florida probate court and petitions for Letters Testamentary. Without these, you cannot enter into a binding sale contract.

Step 2: Obtain a Property Appraisal

Florida probate courts typically require an independent appraisal to establish fair market value. This protects heirs from below-market sales and helps justify the eventual sale price.

Step 3: Decide How to Sell

Traditional listing through an agent means months of showings during an already difficult time. A cash buyer like Property Click Capital can make a written offer, wait patiently for probate steps, and close quickly once Letters are issued — often matching or exceeding the appraisal.

Step 4: Court Confirmation (If Required)

Some Florida probate sales require court confirmation, especially if multiple heirs object. Your attorney handles filing. Cash buyers are familiar with this process and coordinate accordingly.

Frequently Asked Questions