The short answer: yes, a St. Johns County house in probate can be sold, once the right person has authority. That means a Personal Representative acting under a power of sale in the will or a court order, or the heirs directly when the property 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. My family run team is based in Orange Park and we buy throughout St. Johns County. Estates here look different from the rest of Northeast Florida for one simple reason: value. Two decades of growth in Nocatee, Ponte Vedra, and St. Augustine mean the family home is often the single largest asset the estate holds, and that shapes which probate track applies, what the tax picture looks like, and how carefully the sale needs to be handled.
Can You Sell a House That Is in Probate in St. Johns County?
Yes. Probate is the court process that moves ownership from the person who died to the people entitled to inherit, and Florida law permits estate real property to be sold while that process is underway, provided the seller actually holds the authority to convey. That last clause is where families stumble. A will naming you executor is not authority by itself. Even court issued Letters of Administration are not always enough, which I explain below.
Check the deed first, though. Property held in a revocable living trust, or owned as joint tenants with right of survivorship, generally passes outside probate. Trusts are especially common among Ponte Vedra and Nocatee households that did estate planning, so a surprising number of St. Johns County homes never need a probate case at all. A probate attorney can confirm from the deed and the estate plan.
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.
Here is the St. Johns County nuance. Because home values here are among the highest in Northeast Florida, estates more often hold assets beyond a protected homestead, an investment condo near the beach, brokerage accounts, a second property, and those assets count toward the $75,000 cap. So while a modest estate built around a protected homestead can still qualify for summary administration, St. Johns County families end up in formal administration more often than families in lower value counties. 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, creditors get a claim window, and the process typically runs six months or more.
Who Actually Has Authority to Sell the House
This is the most misunderstood point in Florida probate, and with St. Johns County price tags the stakes are high. 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. If the will has no power of sale, or there is no will, the PR must obtain court authorization before the closing.
Protected homestead is the other half of the picture. If the decedent lived in the home as their primary residence, the property often passes directly to the heirs at death, outside the Personal Representative's control. The heirs then sell it themselves, typically after the court enters an order determining homestead status. Whether your family's situation is a PR sale or an heir sale is a legal call your probate attorney should make before anyone signs a contract. On a home worth six or seven figures, getting that sequencing right is not optional, and no reputable title company will close without it.
What Probate Looks Like in St. Johns County
St. Augustine is the county seat, and probate cases are filed with the St. Johns County Clerk of the Circuit Court and heard by judges of the Seventh Judicial Circuit at the judicial center on Lewis Speedway in St. Augustine. The Seventh Circuit also covers Putnam, Flagler, and Volusia counties, so the judges here handle a steady probate docket. Most routine filings are made electronically by your attorney.
The housing stock runs the full spectrum. Downtown and Lincolnville St. Augustine hold genuinely old homes, some over a century, where estates involve wood frame construction, deferred maintenance, and sometimes historic district rules that complicate renovations. West Augustine and the county's older subdivisions have mid century block homes. Then there are Ponte Vedra and Nocatee, where an inherited home may be newer but carries CDD fees, HOA obligations, and a value that makes every decision consequential. You can look up any parcel's assessed value and homestead exemption status at the St. Johns County Property Appraiser at sjcpa.us, and the date of death value matters for both the probate filing and your taxes.
Taxes on an Inherited St. Johns County House
The step up in basis is worth real money in this county. Under federal law, the tax basis of inherited real property is adjusted to its fair market value as of the date of death, or the alternate valuation date if elected. Think about what that means for a Ponte Vedra house bought in 1998 that has quadrupled in value: all of that appreciation before death is generally not taxed when the heirs sell. Any gain between the date of death and the sale date is still taxable, which is one reason heirs who intend to sell often move within the first year while the value is close to the stepped up basis. Florida has no state income tax or estate tax. Get a CPA to document the date of death valuation, ideally with an appraisal.
Selling As Is When You Are Out of State or the House Is Full
Many St. Johns County estates are settled by heirs who live nowhere near Florida. The house sits vacant while the HOA sends violation letters about the lawn, insurance premiums climb because nobody occupies it, and every room still holds the furniture, papers, and possessions of a full life. A traditional listing in this market means cleanout crews, repair contractors, staging, photography, and weeks of showings, all coordinated from another state.
An as is cash sale collapses that into one decision. Keep what matters to your family, leave the rest, and never book a flight for a showing.
What We Can Do for Your Family
We buy St. Johns County probate houses as is, in any condition, with no cleanout needed, from a Lincolnville cottage that needs everything to a Nocatee home that just needs the estate resolved. We coordinate with your probate attorney and the Personal Representative, we wait for court authorization when the law requires it, and we close whenever the estate can legally convey. No commissions, no repair credits, no open houses. We hold a 5.0 rating across roughly 164 reviews and we are BBB accredited.
Read more about how we buy houses in St. Johns County and our guide to selling an inherited house in St. Johns County. For estates in nearby counties, see our probate guides for Duval County and Nassau County.
Frequently Asked Questions
Does a St. Johns County estate qualify for summary administration if the house is worth more than $75,000?
It can. The $75,000 limit under Florida Statute 735.201 applies to the value of the estate subject to administration less property that is exempt from creditors' claims, such as protected homestead. If the main asset was the decedent's protected homestead, its value may not count against the cap, so even a valuable St. Augustine or Ponte Vedra home does not automatically force formal administration. Summary administration is also available regardless of value once the decedent has been dead more than 2 years. A probate attorney can tell you quickly which track fits.
Who signs the contract to sell a probate house in St. Augustine?
It depends on the authority. Under Florida Statute 733.613, a Personal Representative may sell estate real property without a court order only if the will grants a power of sale; otherwise 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 themselves sign, usually after an order determining homestead. Confirm the correct signer with your probate attorney, because title companies will not close without the authority documented.
Will you buy an older or historic St. Augustine house that needs major work?
Yes. Older homes in and around St. Augustine can carry deferred maintenance, wood rot, outdated wiring and plumbing, and in some areas historic district considerations that make renovations complicated. We buy as is, in any condition, and we price the work into our offer instead of asking your family to manage contractors during probate.
How does capital gains tax work on an inherited St. Johns County home?
Inherited property gets a step up in basis under federal law. Your basis is adjusted to fair market value as of the date of death or the alternate valuation date, so appreciation that occurred before death is generally not taxed when you sell. That matters a lot in St. Johns County, where values have climbed sharply over the last two decades. Any 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. Verify your figures with a CPA.
Get a Cash Offer on a St. Johns County Probate House
If your family is settling an estate in St. Augustine, Ponte Vedra, Nocatee, or anywhere in St. Johns County, call or text 904-606-9163 or request a cash offer online. We will give you a fair as is number, work alongside your attorney, and move on the court's schedule, not against it.
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
- St. Johns County Property Appraiser
- St. Johns County Clerk of the Circuit Court and Comptroller
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.