Here’s a detailed breakdown.

1. Establish your legal right to sell

Probate: If the deceased person had a will, you’ll likely need to go through probate court to legally transfer ownership of the property to you or the beneficiaries. 

Personal Representative: The court will appoint a personal representative (also known as an executor) responsible for managing the estate, including selling the property.

Will: Consult the will to understand how the property will be distributed and if there are any specific instructions regarding its sale. 

Heirs: If multiple heirs exist, you must ensure everyone agrees on the sale and how the proceeds will be divided. 

Documentation: Gather necessary documents, such as the will, death certificate, and other relevant paperwork. 

2. Complete the Probate Process (if necessary)

Notify Creditors: The personal representative must notify creditors of the deceased to allow them to claim the property to cover outstanding debts.

Avoid the creditor period: A personal representative can sell the property without waiting for the creditor period to expire. This is called obtaining an order to authorize the sale. In Florida, an order authorizing the sale of real property in a probate estate requires a personal representative to petition the court. If approved, the court will issue an order authorizing the sale, which is necessary to convey title to the buyer.

3. Sell the property

The property has been sold, and the process is complete.

More Questions About Probate

Can the sale a house before probate is finished?

Yes — in many Florida cases, a house can be sold before probate is fully completed, but timing and authority matter.

When can a sale be allowed?

A probate home can often be sold if:

1. A personal representative has been appointed

2. The will grants power of sale

3. All heirs consent

4. The sale benefits the estate

This is especially common when:

– The home is vacant

– Insurance costs are high

– Maintenance is a burden

– The estate needs liquidity

When must you wait? 

– Probate has not yet been opened

– There is no appointed representative

– Heirs are disputing ownership

– Court approval is required

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