Yes, you generally have to go through probate before you can sell an inherited Florida house — unless it passed to you outside probate, through a trust, joint ownership with right of survivorship, or a transfer-on-death deed. Here’s which type of probate applies, how long it actually takes, and what your options are once you’re clear to sell.
Do you have to go through probate to sell an inherited house in Florida?
In most cases, yes. Probate is the court process that settles a deceased person’s estate — paying debts, resolving claims, and confirming who legally owns what’s left, including real property. If the house passed to you through a will or by Florida’s intestacy law (no will), you can’t sell or transfer it until probate confirms your ownership. Property held in a trust, titled jointly with right of survivorship, or transferred by a lady bird / transfer-on-death deed skips probate entirely.
Formal administration vs. summary administration — which applies?
Florida has two probate tracks, both under Chapter 735 of the Florida Probate Code:
- Summary administration — the fast track. It’s available when the estate’s non-exempt assets total $150,000 or less — raised from $75,000 by a 2026 change to Florida law — for deaths on or after July 1, 2026 (or when the person died more than two years ago, regardless of value). Estates of people who died before July 1, 2026 still use the prior $75,000 threshold. Homestead property doesn’t count toward either threshold — it’s excluded, along with retirement accounts and other assets that pass outside probate.
- Formal administration — the full process, required for larger or more complicated estates. It involves a court-appointed personal representative and a mandatory creditor claims period.
How long does Florida probate take?
Summary administration typically wraps up in four to eight weeks. Formal administration typically takes six to twelve months, longer if heirs disagree, creditors file claims, or the estate is complex. Either way, you can’t close a sale of the house until the court has confirmed who has authority to sell it.
Can the house be sold before probate finishes?
Sometimes, but it depends on the personal representative’s authority. If the will grants “full power of sale,” the personal representative can typically list or sell the property once appointed, without a separate court order. If the will is silent or there’s no will, the personal representative usually needs specific court authorization to sell real property — which adds a step, not a dealbreaker, but worth knowing before you count on a closing date.
What are your options once you’re clear to sell?
Once probate confirms your ownership, you can list the house traditionally, keep it as a rental, or sell it directly to a cash buyer — which is often the simplest path when heirs live out of state, the house needs repairs nobody wants to fund, or multiple heirs just want to divide the proceeds and move on rather than manage a renovation and listing from a distance.
Talk Through Your Options
If you’ve inherited a house and aren’t sure what to do next, I’m happy to answer your questions — reach out here, no pressure, no obligation.
If the inherited property also has a mortgage falling behind, our guide to the Florida foreclosure timeline covers what to watch for. If the house is in the Lakeland area, see how our Lakeland cash-offer process works.
VetBuysHomes is a veteran-owned home buying company in Polk County, Florida. This article is general information, not legal advice — for guidance specific to your estate, consult a Florida probate attorney.