How probate works in Florida: what happens to the house

The probate process in Florida, from death to the house

When a Florida homeowner dies, the house does not simply go on the market. Someone has to be given legal authority first, and that happens in the circuit court of the county that handles the estate. That is the core of the probate process in Florida.

Step one is filing the will. Florida law says the custodian of a will must deposit it with the clerk of the court having venue of the estate within 10 days after receiving information that the person has died (Fla. Stat. 732.901). Then an interested person, often a named executor or a family member, petitions to open the estate.

Step two is the appointment. The court appoints a personal representative (Florida's term for an executor or administrator) and issues letters of administration. Those letters are the document a title company or buyer will want to see. Before they exist, nobody can reliably sign a deed on behalf of the estate.

After that, the personal representative gathers assets, notifies creditors, pays valid debts and expenses, and distributes what remains to the people entitled to it. The house is one asset in that process, and often the biggest.

Common Florida paths for a house after death

Rules vary by state. General information, not legal advice.

Who has authority over the house

The personal representative, once appointed, has the right to take possession or control of the decedent's property, except the protected homestead (Fla. Stat. 733.607(1)). If the will gives a power to sell, the representative may sell estate real estate without a court order; if it does not, or there is no will, the representative may still sell, but no title passes until the court authorizes or confirms the sale (Fla. Stat. 733.613). A will can expand or restrict that power. If the will names the house to a specific person, or says it must not be sold, the sale options change.

Heirs cannot sell on their own just because they will inherit. Before letters are issued, family members usually lack authority to convey the property for the estate. Even afterward, the sale has to fit the will and the homestead rules, and, where the will gives no power of sale, the court must authorize or confirm it.

A few basics to keep in mind:

• Florida requires the personal representative to meet statutory qualifications. A non-resident can serve only in limited cases, such as being closely related to the person who died.
• A personal representative usually works with a Florida probate attorney.
• If there is no will, state intestacy law decides who inherits, and the court picks the representative.

Florida homestead: the rule that changes everything

If the house was the decedent's Florida homestead, it follows special rules. Homestead property is generally protected from most creditors, and it cannot always be left to whomever the owner wanted. If the owner was survived by a spouse or a minor child, restrictions on who can receive the house apply.

Homestead status may need a court determination. Florida's probate code refers to a determination of a house's homestead status, and until it is made, a personal representative may take possession of an unoccupied house that appears to be protected homestead only to preserve, insure and protect it (Fla. Stat. 733.608(2)). A buyer's title company will want to know how that question was settled.

For you as an investor, this matters in a practical way. A family may tell you the house is theirs and ready to sell, when in fact the will, a surviving spouse, or the homestead question has to be settled first. Do not give legal advice, but do encourage the family to ask the estate's attorney who actually holds title.

Creditors, timing and when a sale can close

Florida sets deadlines for creditor claims. In general, a claim must be filed by the later of 3 months after the first publication of the notice to creditors or, for a creditor who has to be served with that notice, 30 days after service (Fla. Stat. 733.702). Claims are also cut off 2 years after death (Fla. Stat. 733.710), though some exceptions exist.

Deadlines do not mean a sale must wait. A representative with proper authority can sometimes sell during administration, but proceeds may need to stay in the estate until debts and expenses are handled. Court timing varies by county, and no single timeline applies to every estate.

Not every estate takes the same path. Smaller or older estates may qualify for summary administration, a shorter court process; Fla. Stat. 735.201 allows it under a value limit for the estate, or when the person died more than 2 years ago. Some assets pass outside probate entirely, such as property held in joint tenancy with right of survivorship. An attorney or the circuit court handling the estate can say which path applies.

Working with a probate seller the right way

A probate filing means a family is dealing with a death, paperwork and a house they may not want. That is the time for patience, not pressure. Be clear about who you are, what you can offer, and that they are free to talk to their attorney first.

Direct your offer to the person with authority. That is usually the personal representative. Ask them about the will and whether the estate attorney has approved a sale, and make any contract contingent on the court and title requirements being met.

If you call, follow the National Do Not Call Registry and Florida's telemarketing rules, including the Florida Telephone Solicitation Act. Respect any request to stop contact. A short, kind letter and an easy way to reach you often works better than repeated calls.

Probate filings are public. Keystone's probate leads deliver them with the owner and property already matched, so your time goes to conversations instead of paperwork.