If you’ve recently inherited a property and the estate is going through probate, you probably have more questions than answers. Can you sell the house now? Do you need an attorney? How long will this take?

This guide answers all of it — clearly and without the legal jargon.

What Is Probate in Florida?

Probate is the legal process through which a deceased person’s estate is settled. In Florida, this is handled through the circuit court in the county where the decedent lived. The process involves validating the will, appointing a personal representative, notifying creditors, and ultimately distributing assets — including real estate — to the rightful heirs.

In Florida, there are two types of probate:

Formal Administration is the standard process used for most estates. It is required when the estate’s non-exempt assets exceed $75,000 or when the decedent passed away within the last two years. This process typically takes 6 to 12 months.

Summary Administration is a simplified process available when the estate’s value is under $75,000 (excluding exempt property) or when the decedent passed away more than two years ago. This can be completed in as little as 4 to 8 weeks.

Can You Sell a House During Probate?

Yes — but with important timing requirements. In Florida, you can enter into a contract to sell the property during probate, but you generally cannot close (transfer title) until the court has issued an order authorizing the sale or the personal representative has been given authority to sell.

This means you can accept an offer from a buyer like The Building Buyer now, and simply close the transaction once the legal process has run its course. An experienced probate buyer will work within these timelines routinely.

Your Three Options for Selling a Probate Property

Option 1: List with a Real Estate Agent
You can list the inherited property on the MLS through a licensed real estate agent. This typically gets you the highest gross sale price, but comes with 5–6% in commissions, required repairs and staging, months of showings, and no guaranteed sale date.

Option 2: Sell to a Cash Buyer
You can sell directly to a probate-specialized cash buyer like The Building Buyer. This means no commissions, no repairs, no showings, and a closing that happens as soon as the probate process allows. You receive a fair cash offer based on the property’s current market value.

Option 3: Auction
Some estates choose to auction inherited properties. This is rarely the best outcome — auction prices are typically 70–80% of market value, and the process adds additional administrative complexity.

What Does a Personal Representative Need to Do?

The personal representative (also called the executor) has the legal authority to manage the estate, including selling real estate. Specifically, they need to obtain Letters of Administration from the probate court, notify beneficiaries and creditors, secure and maintain the property during probate, and execute the sale once authorized by the court.

If you don’t yet have an attorney, The Building Buyer can refer you to an experienced probate attorney in your county at no upfront cost to you.

How Long Will It Take?

Every estate is different, but here are typical timelines:

Summary Administration: 4–8 weeks from filing to closing
Formal Administration: 6–12 months, with the sale able to close shortly after the court’s authorization order

The Building Buyer coordinates directly with your attorney and title company to close as quickly as the law permits.

Why Work With a Probate Specialist?

General real estate investors and agents often don’t understand probate timelines, court requirements, or the emotional complexity of estate sales. A probate specialist like The Building Buyer has handled hundreds of these transactions specifically in Florida — and knows exactly what to expect at every stage.

Ready to Get an Offer on a Probate Property in Florida?

Whether probate has already started or you’re just beginning the process, we’re ready to help. Submit your property information today and receive a fair, no-obligation cash offer from Florida’s most trusted probate house buyers.