Selling an inherited house in Florida: probate, summary administration and homestead
Short answer
To sell an inherited house in Florida, someone usually needs authority from the probate court first: either a personal representative appointed in formal administration, or an order of summary administration. Since July 1, 2026, summary administration is available when the Florida estate, less exempt property, is worth $150,000 or less, or when the owner died more than 2 years ago.
- The summary administration limit rose from $75,000 to $150,000 on July 1, 2026 (Fla. Stat. 735.201; ch. 2026-57). Older guides still show $75,000.
- If the will gives a power of sale, the personal representative can sell without court approval. Otherwise, no title passes until the court authorizes or confirms the sale (Fla. Stat. 733.613).
- Creditors must file claims within 3 months after the first publication of the notice to creditors, or 30 days after being served, whichever is later (Fla. Stat. 733.702).
- A homestead cannot be left by will if the owner is survived by a spouse or minor child, except to the spouse when there is no minor child (Fla. Const. art. X, § 4(c)).
- Florida has no estate tax for people who died after December 31, 2004 (Florida Department of Revenue).
Do you need probate to sell an inherited house in Florida?
It depends on how the title was held. If the deed names the person who died as the only owner, nobody can sign a valid deed for them until a court gives someone that power. A buyer's title company will look for that court paperwork before it insures the sale.
If the house passed some other way, such as to a surviving co-owner, the steps can be different. Ask the title company or a Florida probate attorney to read the deed before you list or accept an offer.
When probate is needed, Florida has two main paths. The table compares them.
| Summary administration | Formal administration | |
|---|---|---|
| When it is available | Estate subject to administration in Florida, less exempt property, is $150,000 or less, or the owner died more than 2 years ago; and the will does not require formal administration | Any estate |
| Who gets authority | The court's order names who receives each asset, including the house | A personal representative appointed by the court |
| Who signs the deed | The people the order gives the house to | The personal representative (with court approval if the will gives no power of sale) |
| Creditors | The petitioner must search for creditors and provide for payment first | Notice to creditors; 3-month claim period after first publication |
| Source | 735.201, 735.206 | 733.613, 733.702 |
What is summary administration, and did the limit change in 2026?
Summary administration is Florida's shorter probate process. Under Fla. Stat. 735.201, it is available when the will (if there is one) does not direct formal administration, and either:
- the value of the entire estate subject to administration in Florida, less property exempt from creditors' claims, is $150,000 or less; or
- the owner has been dead for more than 2 years.
The $150,000 figure is new. Chapter 2026-57, Laws of Florida, raised it from $75,000, effective July 1, 2026 (ch. 2026-57). Many websites, and some printed guides, still say $75,000.
Before the court enters its order, the person filing must make a diligent search for creditors, serve them with the petition, and provide for paying them to the extent assets allow. The court may then enter an order "allowing immediate distribution of the assets to the persons entitled to them" (Fla. Stat. 735.206). The people who receive property under the order can be personally liable for valid claims against the estate, up to the value they received, for 2 years after the death.
Whether the house counts toward the $150,000 can depend on whether it is exempt homestead. That is a question for your attorney.
How does a personal representative sell the house in formal administration?
In formal administration, the court appoints a personal representative, often the person named as executor in the will. The personal representative signs the deed for the estate.
Whether they need a judge's sign-off depends on the will (Fla. Stat. 733.613):
- The will gives a power of sale. The personal representative "may sell, mortgage, or lease, without authorization or confirmation of court, any real property of the estate."
- No will, or no power of sale. The personal representative may still sell at a public or private sale, but "no title shall pass until the court authorizes or confirms the sale."
Court confirmation adds a step and some time. If you are selling to a cash buyer, tell them early whether court approval is needed so the closing date allows for it.
How long is the creditor period in Florida probate?
In formal administration, the personal representative publishes a notice to creditors. Creditors must file their claims by the later of 3 months after the first publication or, for a creditor who must be served, 30 days after service (Fla. Stat. 733.702).
Separately, Florida has an outer limit. Two years after a person's death, neither the estate, the personal representative nor the beneficiaries are liable for claims against the person who died, with some exceptions (Fla. Stat. 733.710).
Section 733.613 does not make a sale wait for the creditor period to end. When a personal representative sells during it, the money is held by the estate while debts and costs are sorted out. Your attorney can tell you when it is safe to distribute it.
How does Florida homestead affect who inherits and who can sell?
Florida's Constitution limits who can receive a homestead by will. It says "the homestead shall not be subject to devise if the owner is survived by spouse or minor child, except the homestead may be devised to the owner's spouse if there be no minor child" (Fla. Const. art. X, § 4(c)).
When the owner leaves a spouse and descendants and the house could not be left by will, the statute decides who gets it (Fla. Stat. 732.401):
- the surviving spouse gets a life estate, and the descendants get the remainder; or
- the spouse can instead elect to take an undivided one-half interest as a tenant in common, with the other half going to the descendants. The election must be made within 6 months after the death.
Why this matters for a sale: when several people hold an interest, a buyer generally needs all of them to sign. A spouse with a life estate and adult children with the remainder all own a piece. Before you sign a contract, have an attorney confirm whether the house is protected homestead and who has to sign.
What if there are multiple heirs?
When a court order or the homestead rules give the house to several heirs, they own it together. Everyone on title usually has to agree on the price and sign the deed. If a personal representative is selling for the estate, the representative signs the deed, but keeping the heirs informed avoids disputes later.
If co-owners cannot agree, any one of them can ask a court to divide or sell the property through a partition action (Fla. Stat. 64.031). Partition takes time and costs money, so most families try to agree first.
Practical steps that help:
- Get the death certificate, the will (if any) and the current deed together first.
- Keep paying property taxes, insurance and utilities so the house stays protected.
- Get a written offer each heir can see, so everyone compares the same numbers.
- Close through a licensed title company that pays any mortgage and splits the proceeds as the court order or agreement directs.
Florida's documentary stamp tax still applies to most sales. Our transfer tax guide explains it. If the house is in Jacksonville, Orlando or Tampa, our local pages explain how we work alongside your probate attorney. We buy inherited houses as-is anywhere in Florida, with belongings left inside if that helps. You are under no obligation to accept an offer.
Frequently asked questions
Can I sell a house in Florida before probate is finished?
Often, yes, once someone has authority. A personal representative can sign after appointment, with court approval if the will gives no power of sale (Fla. Stat. 733.613). The sale money then stays in the estate until creditors and costs are handled.
What is the summary administration limit in Florida in 2026?
$150,000, less property exempt from creditors, or any amount if the owner died more than 2 years ago. The limit rose from $75,000 on July 1, 2026 (Fla. Stat. 735.201; ch. 2026-57).
How long do creditors have to file a claim in Florida probate?
Generally 3 months after the first publication of the notice to creditors, or 30 days after service for creditors who must be served, whichever is later (Fla. Stat. 733.702). There is also a 2-year outer limit after death (Fla. Stat. 733.710).
Can a parent leave the Florida homestead to an adult child if a spouse survives?
Not by will. The Florida Constitution bars devising a homestead when the owner is survived by a spouse or minor child, except to the spouse if there is no minor child. Talk to an attorney about how the house passes instead.
Does Florida have an inheritance or estate tax on the house?
The Florida Department of Revenue says Florida has no estate tax for people who died after December 31, 2004. Federal tax rules are separate, so ask a tax professional about your situation.
What if one heir will not agree to sell?
Any co-owner can ask a court for partition under Fla. Stat. chapter 64, which can lead to a court-ordered sale. It is slow and costly, so most families negotiate first, often with an attorney or mediator.
Sources
- Florida Statutes, 735.201 (summary administration) and 735.206 (summary administration distribution)
- Laws of Florida, Chapter 2026-57 (raises the summary administration limit to $150,000, effective July 1, 2026)
- Florida Statutes, 733.613 (personal representative's right to sell real property)
- Florida Statutes, 733.702 (limitations on presentation of claims) and 733.710 (2-year limit)
- Florida Constitution, Article X, Section 4 (homestead)
- Florida Statutes, 732.401 (descent of homestead)
- Florida Statutes, 64.031 (partition)
- Florida Department of Revenue, Estate tax
This is general information, not legal or tax advice. Probate and homestead rules are technical and depend on the facts. For advice on your situation, talk to a Florida probate attorney.