How Probate Works in Florida

Inheriting a house sounds simple until you hit the word probate — the court process that transfers a deceased person’s assets to their heirs. In Florida it’s usually required when someone dies owning real estate in their name alone, without a living trust or another arrangement that passes the property automatically.

Florida has two main paths. Formal administration is the standard, court-supervised process used for most estates — the court appoints someone to run the estate, creditors are notified and paid, and the assets are distributed. It commonly takes about 6 to 12 months. Summary administration is a faster, simpler option available when the estate’s non-exempt assets are worth under $75,000, or when the person died more than two years ago; it skips much of the longer process and can finish far more quickly. A term worth knowing: Florida calls the person who runs the estate the personal representative (what many states call the “executor” or “administrator”). Once appointed, the court issues “Letters of Administration” — the document that gives the personal representative legal authority to act, including to sell property.

A Florida-specific wrinkle is homestead — your primary residence gets special protection under the Florida Constitution. Homestead property can pass to a surviving spouse or heirs somewhat outside the normal creditor process, meaning most creditors generally can’t force its sale to pay the estate’s debts. It’s handled a bit differently from other assets, so it’s worth asking your attorney about early. And if the person who died lived out of state but owned a home here in Florida, the estate may need ancillary administration — a secondary probate opened in Florida just to handle the Florida property.

Here’s the key point most heirs don’t realize: you often don’t have to wait for probate to finish to sell the house. Once the personal representative has authority, the home can typically be sold during probate — sometimes with the court’s sign-off, depending on the will and circumstances. A buyer experienced with probate can work within that path and coordinate with your attorney. For many families — splitting proceeds among siblings, dealing with a house that needs work, or living out of the area — a cash sale is the cleanest exit. We cover it on our guide to selling an inherited house. Probate is genuinely complex, so consult a Florida probate attorney about your estate — but know that selling can usually happen during probate, not just after.