Can I Sell a House in Probate in Florida?
Yes. A house can be sold during Florida probate, but the process depends on the estate. In formal administration, the personal representative can sell — without court approval if the will grants a power of sale. Homestead property and summary administration estates follow different rules, and a court order is usually needed before closing.
Who Has Authority to Sell During Probate
When a Florida homeowner passes away, title to their real estate does not simply transfer to whoever inherits it — someone must have legal authority to sign a deed. In a formal probate administration, that person is the personal representative appointed by the court and issued letters of administration.
Under Florida Statute § 733.613, the personal representative’s power to sell depends on the will. If the will grants a power of sale, the personal representative can list and sell the property without a separate court order, as long as the sale serves the best interest of the estate. If there is no will, or the will does not grant that power, the personal representative must petition the probate court for authorization — which the court can grant before the sale or confirm afterward.
Either way, the personal representative is a fiduciary: the sale must be at a fair price, for the benefit of the beneficiaries, and properly accounted for to the court.
Homestead Property Follows Different Rules
Here is the wrinkle that surprises most families: if the house was the decedent’s homestead — their primary Florida residence — it generally is not an estate asset the personal representative controls. Under Article X, Section 4 of the Florida Constitution, protected homestead passes directly to the surviving spouse or heirs at the moment of death, shielded from most creditor claims.
In practice, that means the heirs sell the house, not the estate. But title companies will not insure the sale until a judge enters an order determining homestead status, confirming who owns the property and that it is protected from creditors. That petition is usually filed within the probate case, and an experienced attorney can run it alongside the rest of the administration so the family can close as early as possible. Sale proceeds from protected homestead generally keep their creditor protection in the heirs’ hands.
Small Estates: Summary Administration and Florida’s New 2026 Law
Not every estate needs a full probate. Summary administration is Florida’s fast-track process, and it just got dramatically more useful: effective July 1, 2026, CS/HB 1337 (Chapter 2026-57, Laws of Florida) doubled the qualifying threshold from $75,000 to $150,000 in nonexempt assets. The new cap applies to decedents who pass away on or after July 1, 2026 (earlier deaths generally stay under the old $75,000 limit). Homestead property does not count toward that cap at all, and any estate qualifies — regardless of value — once the decedent has been dead more than two years.
The catch for sellers: summary administration appoints no personal representative, so no one has authority to sign a contract while the petition is pending. The court’s order of summary administration vests title directly in the beneficiaries, and they sell the house afterward. In Miami-Dade, summary administrations often conclude in one to three months, so for qualifying estates this is usually the fastest path from probate to closing table.
What Buyers and Title Companies Will Require
A probate sale closes like any other Florida closing — but the title company will demand the probate paperwork: letters of administration and any required court order or authorization for estate sales, or the order of summary administration or homestead determination for heir sales. Contracts should be signed in the correct capacity (for example, “as Personal Representative of the Estate of …”), and creditor claim periods — three months after notice to creditors is published, with a two-year outer bar — affect when proceeds can safely be distributed. Getting the sequence right up front prevents the most common probate-sale problem: a contract signed by someone who did not yet have authority to sell.
Selling a Probate House in Miami-Dade County
Probate cases for Miami-Dade residents are handled by the probate division of the Eleventh Judicial Circuit, with filings through the Miami-Dade Clerk of Courts. Formal administrations here commonly run six months to a year or more, while summary administrations move much faster — timing that matters in a market where carrying costs, insurance on a vacant home, and property taxes keep accruing while the estate is open. Arturo R. Alfonso P.A. handles both the probate and the real estate closing under one roof, in English and Spanish, and has served Miami-Dade families for over 35 years. If you have been searching for a probate real estate attorney near me in Miami, we can review the estate, tell you who has authority to sell, and get the house to closing.
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