What is a Probate Property in the state of Florida? (FAQs)

A probate property is a property that was owned by a person who is now deceased yet the legal ownership of the property is still in the name of the deceased person. Well, I’m sure you can see the issue here – we cant have people who are no longer alive owning property as that property would never be able to be sold. So leave it to some attorneys to come up with a complicated word like probate, which just sounds expensive. Anyway, this Frequently Asked Questions (“FAQ”) sheet will also provide you some answers to things like how to sell an inherited house in Florida or things to look out for when selling a probate home in Florida.

Pro Tip: The particular term, probate ONLY applies when there is a valid will. If there is no valid will for the deceased person then it would be called an intestate inheritance.

Selling Probate & Inherited Florida Property FAQs

How Does Probate Work in FL?

Well like most states the Florida Probate Process  requires filing the will with the local courts and then depending on the circumstances of the now deceased owner and property it would either be a formal administration (6-9 months) or a summary administration (3-9 weeks).

Is Probate Expensive in Florida?

The average cost of probate in Florida is between $3,000 to $9,000 and will depend on the complexity of the probate. Although it’s a large cost, we would cover the entire fee if you were  selling a house in probate south florida and that we’ve agreed upon a purchase price for the house. We would most likely also be able to cover that cost for the entire state of Florida and a few other states – you’d just need to fill out a form here and we can qualify your particular situation.

Is Probate Necessary in Florida?

Yes it is required to legally transfer ownership from the now deceased person to the heirs. This can be accomplished through probate when there is a will or intestate succession without a will. If ownership is not legally transferred and the deceased person’s “estate” closed out then none of the heirs can legally sell the property of the estate.

Can I Avoid An Inherited House Going Into Probate in FL?

Although not very likely, there are a few limited situations to sell a house without going through probate: (a) the property was placed in a very specific type of trust with specific requirements (b) the property was jointly owned and there was right of survivorship language on the deed (c) you are a surviving spouse of the deceased and meet a few specific requirements.

Is Probate Difficult in Florida?

Yes, if you’re not working with an experienced team. Additionally, that would depend whether you’re selling an inherited or probate home as well as a few other factors such as agreement amongst all beneficiaries, the attorney whom you choose to handle the probate, and some other circumstances of your particular situation.

In Florida, Who Decides If Probate is Required?

Florida law will decide whether probate is required and there are only a few limited exceptions as mentioned above. Assuming those exceptions are not applicable but you need to sell an inherited house in Florida then a judge will make the determination whether probate is required or not. Whether it’s probate or intestate succession, all options must go through the court system.

How Long Does Probate Last in Florida?

This will depend on the type of probate required (<– We explain that in this article), but more generally for formal administration you’re looking at about 3 – 9 months on average and for summary administration about 3-12 weeks.

How Fast Can you Sell a Probate Home in Florida?

Well that’s going to depend on the particulars of the deceased owner. However, we like to consider ourselves the fastest probate processors in Florida because we once completed a probate in less than 21 days –  how’s that for quick 🙂 Some other investment companies can’t even close a regular cash sale that quickly. Enough bragging though, we do have an incredible team and they deserve all the credit for such a speedy probate process on a Florida home as well as the Seller who was so cooperative throughout the whole process. If you want to see if you qualify for a speedy 60 day or less probate fill out the form below and we’d be happy to let you know asap!

Do You Still Need Probate If You Have A Will In Florida?

Yes, in fact the only way probate can be done in Florida is if there is a valid will, which is step number one when interested in selling inherited property in Florida. Depending on whether the beneficiaries are contesting the will or not will determine how quickly the probate can proceed.

What Happens if You Don’t Have a Will  in Florida?

Not to worry ! That just means you’d need to follow the Florida Laws of intestate succession and the heirs as determined by Florida law will stand to inherit the property of the deceased. From there the property can be sold or kept. Either way you still will need to go through the court system to legally transfer title out of the deceased persons name.

Can You Sell an Inherited Home While In the Probate Process?

Yes ! In fact sometimes you might even be required to sell a probate home in Florida. Step number 1 is that you need an executor for the estate and that’s the ONLY person who is legally able to sell an inherited home whether in the probate process or not.

How SellHouseNowCash.com™ Can Help You Sell An Inherited Home

So, I get it there are a million companies out there and they’re all claiming to have the solution for you. Well, we’re not here to tell you to choose us but what we are here to do is give you enough information so you can go out there and make your own grown up decisions about who you TRUST to get you through the finish line. We let our track record and our team speak for themselves, how do we do that you might ask well that’s through our testimonials of others just like you trying to determine what’s the right company to go with. We’re also especially lucky to have an amazing attorney who does not charge us by the hour and is on the same team as you who only wins when the probate is completed.


Hopefully we answered those burning questions that you were a little too afraid to ask out loud, but this guide came from years of solving situations just like yours and the common questions that we’ve been asked. When you’ve bought and sold over 500+ homes there are a lot of questions that come up but we always find the solution rather than discuss the problem. If you’re on the fence about it just fill out a form there’s no obligation to work with us, remember the decision is up to you we’re just here to get you enough information to make that important decision.

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