The short answer: yes, a Nassau County house in probate can be sold once the right authority is in place, meaning a Personal Representative acting under a power of sale in the will or a court order, or the heirs directly when the home was the decedent's protected homestead.
I'm Chris Moore, a U.S. Marine Corps veteran and licensed Florida real estate agent (License #SL3389080), an agent since 2018 and a cash buyer since 2022. Nassau County estates come to us in two very different flavors. On the east side, a weathered beach cottage on Amelia Island or in Fernandina Beach that the family bought decades ago and is now worth a small fortune despite needing a new roof. On the west side, a family home on acreage in Callahan or Hilliard that feels more like south Georgia than coastal Florida. The probate rules are the same, but the practical decisions are different, and this guide covers both.
Can You Sell a House That Is in Probate in Nassau County?
Yes. Probate is the court process that transfers title from the person who died to the beneficiaries, and Florida law allows estate real property to be sold during administration once the seller holds actual authority to convey. The mistake families make is treating the will, or even the court appointment, as a green light by itself. It is not always, and on a coastal property where a mistake is measured in hundreds of thousands of dollars, the sequencing matters. I break down who can sign below.
First, though, check whether the house even needs probate. Property held in a revocable living trust, or owned as joint tenants with right of survivorship, generally passes outside probate. Plenty of Amelia Island retirees did trust planning, and plenty of longtime couples held their deeds jointly, so a quick review by a probate attorney sometimes ends with good news: no case needed.
Summary vs Formal Administration in Florida
Summary administration under section 735.201 is available if the will does not require formal administration and either the value of the entire estate subject to administration in Florida, less the value of property exempt from creditors' claims such as protected homestead, does not exceed $75,000, or the decedent has been dead more than 2 years. It typically resolves in roughly 30 to 90 days. Note the exemption carefully: because protected homestead is subtracted before the $75,000 test, an estate whose main asset was the decedent's own Fernandina Beach home can still qualify, even at coastal values.
Formal administration is generally required for larger estates when the decedent died within the last 2 years. The court appoints a Personal Representative and issues Letters of Administration. Nassau County estates with a rental cottage, a second property, or investment accounts on top of the homestead frequently land here, since those assets do count toward the cap. Expect six months or more.
Who Actually Has Authority to Sell the House
This is where I ask you to slow down, because it is the most common and most expensive misunderstanding in Florida probate. Letters of Administration alone do not automatically give the Personal Representative power to sell the house. Under section 733.613 of the Florida Statutes, a Personal Representative may sell estate real property without a court order only if the will grants a power of sale. No power of sale in the will, or no will, means the PR must obtain court authorization before closing.
Separately, protected homestead property often passes directly to the heirs at the moment of death, outside the Personal Representative's control. When that is the case, the heirs are the sellers, usually after the court enters an order determining homestead status. Whether your family's Fernandina Beach cottage is sold by the PR or by the heirs is a legal determination that your probate attorney should make before any contract is signed. Title companies here check this closely, and so do we.
What Probate Looks Like in Nassau County
Fernandina Beach, on Amelia Island, is the county seat, and its historic courthouse is one of the prettiest in Florida. Day to day court operations, though, run through the justice center in Yulee, where the Nassau County Clerk of Courts handles probate filings and circuit judges hear estate matters. Nassau County sits in the Fourth Judicial Circuit with Duval and Clay. As everywhere in Florida, your attorney files electronically, so heirs in other states rarely need to travel.
The properties split along the county's geography. Coastal estates involve older beach cottages and mid century homes in Fernandina Beach and on Amelia Island, where salt air ages roofs, windows, and wiring fast, and where wind and flood insurance questions can make financed sales fragile. Values there have climbed so much that the estate house is often worth far more than the heirs expect. Westside estates in Callahan, Hilliard, and Bryceville look more rural: homes on acreage, outbuildings, sometimes a mobile home, often a property that has been in the family for generations. You can verify any parcel's assessed value and homestead exemption status through the Nassau County Property Appraiser at nassaupa.com.
Taxes on an Inherited Nassau County House
The step up in basis does heavy lifting on coastal property. Under federal law, the tax basis of inherited real property adjusts to fair market value as of the date of death, or the alternate valuation date if elected. A cottage bought near the beach in 1985 may have appreciated by many multiples, and all of that pre death appreciation is generally not taxed when the heirs sell. Any gain between the date of death and the sale is still taxable, which is a real consideration in a market that moves like Amelia Island's, and another reason heirs who intend to sell often act within the first year. Florida has no state income tax or estate tax. Get the date of death value documented by an appraiser and reviewed by a CPA.
Selling As Is When You Are Out of State or the House Is Full
The classic Nassau County call: the kids live in Atlanta or Charlotte, the cottage sits empty two blocks from the beach, and the insurance carrier just sent a nonrenewal notice because the house is vacant and the roof is past its life. The house is full of thirty years of beach house accumulation. A traditional sale means cleanout, roof and repair negotiations with a financed buyer's lender and insurer, and showings managed from five hundred miles away.
An as is cash sale removes each of those problems. Keep the keepsakes, leave the rest, and skip the contractor phase entirely.
What We Can Do for Your Family
We buy Nassau County probate houses as is, in any condition, with no cleanout needed, from an Amelia Island cottage that needs everything to a Hilliard home on acreage. We coordinate with your probate attorney and the Personal Representative, we wait for court authorization when section 733.613 requires it, and we close whenever the estate can legally convey. No commissions, no repair credits, no showings. We hold a 5.0 rating across roughly 164 reviews and we are BBB accredited, based in Orange Park and buying across Northeast Florida.
See more about how we buy houses in Nassau County and our guide to selling an inherited house in Nassau County. Settling an estate nearby? See our probate guides for Duval County and St. Johns County.
Frequently Asked Questions
Where are probate cases handled for a Fernandina Beach or Yulee house?
Probate for all of Nassau County is filed with the Nassau County Clerk of Courts and heard by circuit judges at the justice center in Yulee. Fernandina Beach is the county seat and home to the historic courthouse, but modern court operations run through the Yulee facility. Your attorney files nearly everything electronically, so out of state heirs almost never need to appear in person for a routine estate.
Can the Personal Representative sell an Amelia Island house without a court order?
Only if the will grants a power of sale. Under Florida Statute 733.613, a Personal Representative may sell estate real property without a court order only when the will contains that power. Letters of Administration by themselves do not authorize a sale, and without a power of sale, or without a will, the PR needs court authorization before closing. If the home was the decedent's protected homestead, it often passes directly to the heirs outside the PR's control, and the heirs sign instead. On a coastal property worth what Amelia Island homes are worth, confirm the authority with your probate attorney before signing anything.
Will you buy an older beach cottage that needs work and cannot pass a lender's inspection?
Yes, that is exactly what we do. Older cottages near the beach often carry salt air corrosion, aging roofs, outdated wiring, and wind insurance issues that scare off financed buyers, because lenders and insurers demand repairs before closing. We pay cash, so there is no lender and no repair conditions. We buy as is and price the work into our offer.
How is capital gains tax handled on an inherited Nassau County beach property?
Inherited property receives a step up in basis under federal law. The tax basis adjusts to fair market value as of the date of death or the alternate valuation date, so appreciation before death, which can be enormous on a cottage the family bought decades ago near the ocean, is generally not taxed when you sell. Gain between the date of death and the sale is still taxable, so heirs who sell soon after death typically owe little or no federal capital gains tax. Have a CPA document the date of death value, ideally with an appraisal.
Get a Cash Offer on a Nassau County Probate House
If your family is settling an estate in Fernandina Beach, on Amelia Island, or out in Yulee, Callahan, or Hilliard, call or text 904-606-9163 or request a cash offer online. We will give you an honest as is number, coordinate with your attorney, and close on the schedule the court allows.
Official References
- Florida Probate Code, summary administration, section 735.201 (Chapters 731 to 735)
- Florida Statute 733.613, sales of estate real property
- IRS Publication 551, Basis of Assets
- Nassau County Property Appraiser
- Nassau County Clerk of Courts
This page is general information, not legal or tax advice. Florida probate is fact specific. Please talk with a licensed Florida probate attorney and a CPA about your situation.