Situations
How to Sell an Inherited House in Florida Before Probate Closes
You can sell an inherited Florida house before probate closes, and most estate sales happen during probate rather than after it. The personal representative must be appointed and must have the authority to sell, either from the will or from the court. Once that authority exists, a cash sale can close quickly and the proceeds are distributed by the estate.
Reviewed by Tyler Gibson, Florida licensed real estate agent and investor. Last updated October 27, 2026.
01 Who has the authority to sell
Only the court-appointed personal representative can contract to sell estate property. Florida law gives the personal representative authority to sell with court approval, and some wills grant a power of sale that removes the court-approval step. Heirs who are not the personal representative cannot sign a valid contract on their own.
02 Formal vs. summary administration
Formal administration, the standard path, runs about 6 to 12 months and involves a personal representative and court supervision. Summary administration is a faster track available when the estate value subject to administration is under $150,000 or when the deceased passed more than two years ago (as of July 2026).
03 What about homestead property?
Homestead property in Florida is protected from most creditors and passes to heirs under special rules. Whether the homestead needs formal probate administration depends on the situation, which is why estate counsel should review the specifics before anyone contracts to sell.
04 How a cash sale fits the probate timeline
A cash sale can be negotiated once the personal representative is appointed and can close as soon as authority is confirmed, with proceeds wired into the estate account. That is often months before probate itself finishes, which means the estate stops paying taxes, insurance, and upkeep on an empty house in the meantime.