Sell a House in Probate in Florida

Who has authority to sell?

Confirm authority before committing the estate to a sale. Under section 733.613, some estate sales require court authorization or confirmation, while a qualifying power of sale in a will can permit a personal representative to sell without a separate court approval.

A title review is still needed. Do not assume the personal representative can convey every property associated with the deceased owner. Protected homestead, trusts, survivorship ownership and disputes need case-specific review by the estate attorney and closing agent.

Summary and formal administration

Formal administration under Chapter 733 generally involves a court-appointed personal representative who administers estate assets. Summary administration is a separate process under Chapter 735 with statutory eligibility requirements.

Check the current section 735.201 rather than relying on an old dollar threshold or the value of the house alone. Eligibility depends on the estate, applicable exemptions, the will and other requirements. Your attorney should determine the correct process and explain which orders or other documents the title company needs.

No buyer can guarantee the court's timetable. The purchase agreement should allow for the actual authority and title conditions.

Documents for the attorney and closing team

Recorded deed and property legal description.
Death certificate and available will or trust documents.
Probate case reference, Letters of Administration and applicable orders.
Details of the authorized seller and other required signers.
Mortgage statements, taxes, code notices, liens and occupancy or lease information.

This is a preparation checklist, not a list of everything required in every case. Have the attorney or closing agent provide the case-specific requirements through an appropriate private document channel.

From an offer to a documented closing

Identify the seller: counsel and the title company confirm authority and ownership.
Review the property: disclose known condition, occupancy and outstanding notices.
Compare a written offer: price, deposits, contingencies, costs, belongings and closing timing must be clear.
Resolve requirements: obtain required orders, signatures, title documents and approved payoff arrangements.
Review the settlement: check the final statement and how proceeds will be held or distributed under the estate requirements.

A cash offer removes the buyer's need for a mortgage only when it is actually a cash purchase. It does not eliminate probate, liens, title requirements or the seller's legal obligations.

Duval and Clay County resources

The Duval Clerk probate department provides filing and department information. The Clay Clerk civil court services page includes probate resources. Use official clerk information for procedures and your attorney for legal advice; this buyer's guide is not a court filing service.

For county-specific property discussions, see our Duval County and Clay County pages. Their older legal or tax details should be checked against current official sources before relying on them.

An as-is offer while the estate gets ready

We can review the property's condition and discuss a potential as-is purchase alongside the estate's documented requirements. Keep the belongings that matter and ask for any remaining-item arrangement to be written into the offer. The closing date remains subject to the signed agreement, authority and title.

For the broader decision about keeping, renting or selling, read our inherited-house options guide. To discuss an offer, call 904-606-9163 or use the existing property inquiry form.

Frequently asked questions

Can a Florida house be sold while the estate is still open?

Yes, when the authorized seller and title requirements are established. The estate does not necessarily need to be fully closed first, but the will, court orders and property ownership control what is required.

Is court approval always required for a probate sale?

No. Section 733.613 distinguishes sales requiring court authorization or confirmation from sales under a qualifying power of sale in a will. The estate attorney and title company must determine which applies.

Is summary administration the same as formal administration?

No. Summary administration is a separate small-estate process under Chapter 735. Formal administration under Chapter 733 generally involves an appointed personal representative. Eligibility and the documents needed to convey the house require legal review.

Can a buyer guarantee the probate closing date?

No. Court filings, authority, title issues, disputes and required documents can affect timing. A purchase agreement should address any probate or title conditions rather than promise a fixed court timetable.

What happens to mortgages or liens?

The closing agent obtains the relevant title information and payoff figures. Closing depends on a workable, approved resolution and sufficient funds or other agreed arrangements; a cash offer does not erase debts or liens.

Compare your next step

Official sources and review

Sources checked October 8, 2026. This is general property-selling information, not legal or tax advice. Consult your Florida attorney, title company and tax professional about the actual estate.