Florida Probate

Can you sell a house that is in probate in Florida?

Yes. A house in Florida probate can be sold, but only by someone with legal authority to sign for the estate, and the rules depend on the will and the property. Here is what that means in plain terms.

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The short answer

Yes. A house in Florida probate can be sold by the estate's personal representative, the person the probate court appoints and authorizes with Letters of Administration. The estate does not have to be closed first, but heirs cannot generally sign over a house that is still titled in the name of the person who died.

Howler Property Group LLC, a Tampa-based company that buys houses directly from owners across Florida, publishes this guide and buys probate and inherited houses as-is. Our statements here refer to Chapter 733 of the Florida Statutes, the state's probate administration law.

Who can sign the sale of a probate house in Florida?

  • A court-appointed personal representative, once Letters of Administration have been issued. Florida Statutes section 733.612 lists the transactions a personal representative may carry out, and selling real property is one of them unless the will limits it.
  • A will can limit that power, and homestead property has its own rules, because Article X, section 4 of the Florida Constitution restricts how a homestead can be left.
  • Heirs agreeing among themselves is not enough on its own while the house is still titled to the deceased.

Which of these applies to your family depends on the will, who the heirs are, and whether the house was the owner's homestead. That is a question for the estate's attorney.

What does a title company need to close a probate sale?

  • A certified death certificate
  • Letters of Administration naming the personal representative
  • A copy of the will, if there is one
  • A payoff for any mortgage, plus any tax, code enforcement or utility liens on the property

Liens and unpaid taxes on a probate house are usually settled out of the sale proceeds at closing. They do not have to be paid before the house can be sold.

Do you have to wait until probate is finished to sell the house?

No. The sale can happen while the estate is still open, as long as the personal representative has been appointed and has the authority to sell. The sale proceeds then go through the estate and are distributed under the will or Florida law. Under Florida Statutes section 733.702, creditors generally have three months after the first publication of the notice to creditors to file claims against the estate, and your attorney will tell you how that period affects timing.

What if no probate case has been opened yet?

Someone usually has to open the estate before the house can be sold. Probate is filed in the circuit court of the county where the person lived, or, if they lived outside Florida, in a county where they owned property. If you do not know whether a case exists, the clerk of the circuit court in that county can tell you, and the case search is public. For smaller or older estates, Chapter 735 provides a faster process called summary administration, and whether it fits is a question for an attorney.

Where does Howler Property Group fit in?

Howler Property Group buys Florida houses as-is, including inherited and probate properties, without repairs, cleanout or an agent. If the estate needs a few months to get its paperwork in order, tell us. The closing date is set around the estate's timeline, and the sale still goes through the personal representative and a title company.

More on this situation: selling an inherited house in Florida.

Written 2026-10-26. This page is general information, not legal or tax advice, and we are not a law firm. For your own deadlines and rights, talk to a Florida attorney.

Related questions

Good Questions

Frequently asked

Can you sell a house while it is in probate in Florida?
Yes. The sale is normally signed by the court-appointed personal representative, whose authority is shown by Letters of Administration. The estate does not have to be closed first.
Who can sell a house in Florida probate?
Usually the personal representative, which is Florida's term for an executor. Heirs generally cannot sign over a house still titled to the person who died unless a personal representative or another legal route has been put in place.
Do I need a court order to sell a probate house in Florida?
Often not, because many personal representatives have the power to sell, but a will can limit that power and homestead property has its own rules. The estate's attorney can say which applies.
What do title companies need to close a probate sale in Florida?
Typically a certified death certificate, Letters of Administration, the will if there is one, and payoffs for any mortgage or liens. Specific requirements vary by title company.
Do back taxes or liens have to be paid before a probate house is sold?
No. Property taxes, liens and a mortgage payoff are usually settled from the sale proceeds at closing.
How long do creditors have to file claims against a Florida estate?
Under Florida Statutes section 733.702, generally three months after the first publication of the notice to creditors. An estate attorney can confirm the dates for a specific estate.