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Selling an Inherited House in Florida: What Heirs Need to Know About Probate

By Yogi Ganeshram · 10/31/2026

Most inherited houses in Florida go through probate before they can be sold. The personal representative, who is the executor, usually handles the sale, and the timeline depends on the estate.

Step by step

  1. Open the estate. The court appoints a personal representative, who receives letters of administration.
  2. 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.
  3. Decide to keep or sell. Heirs can keep the house, rent it, or sell it.
  4. Sell. The personal representative signs the contract and deed. Some sales need court approval.
  5. 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.

Common questions

Often, yes. A title company generally needs someone with legal authority to sign, usually a court-appointed personal representative.

A straightforward estate can take six to twelve months or longer. Disputes and complex titles add time.

Often the sale can happen during probate once the personal representative has authority. Some sales need court approval.

They are paid from the sale proceeds at closing, as long as the price covers them.

About Yogi

Yogi Ganeshram, eXp Realty licensed REALTOR, 23+ years, 500+ homes sold, 200+ flips, 400+ short sales with deficiency waivers secured

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This article is general education, not legal or tax advice. Talk to a licensed Florida attorney or tax professional about your situation.

Yoganand Ganeshram PA · Licensed Florida Real Estate Agent — SL 3131685 · eXp Realty in Florida · Equal Housing Opportunity.