Need to sell an inherited house in Florida?

1. Formal administration (Ch. 733). Full probate, with a court-appointed personal representative (PR), what most people picture when they hear the word “probate.” Used for larger or more complex estates. The PR manages the estate, handles creditor claims, and, with authority under the will or court authorization (§ 733.613), can sell real property. Title companies typically require proof of the PR’s authority before closing. Typical timeline runs 6–12 months, often 9–12, driven largely by the mandatory creditor-claims period and any real-estate, tax, or litigation issues.

2. Summary administration (§ 735.201). A faster, simpler process with no court-appointed PR. It’s available when either the value of the entire estate subject to administration in Florida (less property exempt from creditors’ claims) does not exceed $75,000 for a decedent who died before July 1, 2026, or $150,000 for a decedent who died on or after July 1, 2026 (CS/SB 1500, effective 2026-07-01), or the decedent has been dead for more than 2 years. Title passes to the beneficiaries by the court’s order of summary administration, with no PR and no mandatory creditor period. Typical timeline is 3–8 weeks from filing to the distributing order. Once that order issues, the beneficiaries (now the owners) can sell.

3. Disposition without administration (§ 735.301). Available only for very small estates, essentially when non-exempt assets are limited to covering final expenses and medical costs from the last 60 days of life. No PR, no traditional court case. It rarely applies when there’s real property of meaningful value.

4. No probate required. As noted above, if title passed automatically via a trust, joint tenancy, tenancy by the entirety, or a lady bird deed, probate isn’t the path. The new owner can simply sell once any required paperwork is confirmed.

Date-sensitive note: the $75,000 / $150,000 distinction turns on the decedent’s date of death, not the filing date. If you’re unsure which threshold applies, confirm with a Florida probate attorney, especially for deaths around the July 1, 2026 effective date. (Fla. Stat. §§ 733.613, 735.201, 735.301; CS/SB 1500; verified 2026-06-12.)

Florida’s constitution (Art. X §4) gives homestead property special protection: it generally passes outside the probate estate directly to heirs, and is shielded from most creditors. That’s helpful, but it also creates a constraint.

If the decedent is survived by a spouse or a minor child, homestead cannot be freely devised (left by will to whoever the owner wanted). Instead it descends according to Art. X §4 and Fla. Stat. § 732.401. The surviving spouse typically takes a life estate with remainder to the descendants, meaning the spouse can live there but does not hold fee simple title alone. The spouse may instead elect a 50% tenancy-in-common interest under § 732.401(2).

What this means when you want to sell: every person who holds a descended interest in the property must sign the deed to convey clear title. A surviving spouse with a life estate, adult children holding the remainder, and potentially a minor child’s court-appointed guardian may all need to join. A title company will typically require a court order confirming homestead status before insuring the sale.

Homestead descent is highly fact-specific. Who survives the decedent, whether there are minor children, and what any elective-share rights might be all affect the outcome. A Florida probate attorney should review the specific facts before you proceed. (Fla. Const. Art. X §4; Fla. Stat. § 732.401; verified 2026-06-12.)