How Long Does Probate Take in Florida — And What It Means for Selling an Inherited House

Why Probate Creates a Delay Before You Can Sell

When a Florida homeowner dies, their real property does not automatically transfer to heirs. Unless the home was held in a trust, had a designated beneficiary deed, or was owned jointly with right of survivorship, the estate must pass through the Florida probate court before title can legally transfer to anyone — including a buyer.

Until probate closes or the court appoints a personal representative with authority to sell, no heir can sign a valid deed. A contract can be signed and a buyer found, but the closing cannot happen without that court-granted authority. This is the core reason families selling inherited Florida homes feel stuck — the property sits, taxes accrue, insurance lapses, and carrying costs mount while the court process runs its course.

Florida's Two Probate Tracks — Timelines and Requirements

Florida law provides two primary administration paths, and which one applies determines how long you wait.

Summary administration under F.S. 735.201 is the faster track. It is available when the total value of estate assets subject to administration does not exceed $75,000, or when the decedent has been dead for more than two years. Summary administration typically resolves in 1 to 3 months because it does not require appointing a personal representative or a full creditor-claim period. The court issues an Order of Summary Administration that directly transfers assets to beneficiaries.

Formal administration under F.S. 733.613 governs all other estates. The court appoints a personal representative (PR), a three-month creditor notice period runs, the PR inventories assets, and the court supervises distribution. Straightforward estates often close in 6 to 9 months. Contested estates, large asset inventories, or disputes among heirs routinely push past 18 to 24 months. If the decedent owned property in Florida but resided in another state, Florida ancillary probate is also required, adding a parallel court process on top of the home-state proceeding.

Selling the House During Probate — What the Personal Representative Can Do

A personal representative does not have to wait for probate to fully close before selling real property. Under F.S. 733.613, the PR has the power to sell estate real property without a court order unless the will specifically restricts that authority or a beneficiary objects and obtains a court injunction.

This matters practically. A PR can sign a purchase contract, negotiate terms, and lock in a sale price while probate is still open. The closing simply cannot fund until the court issues Letters of Administration confirming the PR's authority and title is clear of any creditor liens or estate debts. Selling early in the probate process rather than waiting until the very end often shortens the total time heirs carry the property — because the contract is already in place when court authority arrives.

If there is no will (intestate estate), Florida's intestacy statutes under F.S. 732.101 determine who inherits, and the court-appointed administrator has equivalent sale authority once appointed.

Three Ways to Sell an Inherited Florida Home — What Each Path Costs You

Traditional cash investors and iBuyers move fast but price low. Their offer is typically 60 to 75 percent of market value because they are pricing in repair costs, carrying costs, and resale margin. The speed is real, but the discount is also real — and it comes on top of any probate delays you still face.

Listing on the MLS with an agent targets the highest price but carries the most conditions. Lender-financed buyers on the open market require the property to pass appraisal and inspection, which often means repair requests on inherited homes that have deferred maintenance. Add 90 to 180 days of marketing time after probate clears, a 5 to 6 percent agent commission, and the possibility that a buyer's financing falls through close to closing.

Cash Flow Deals connects sellers with bank-financed buyers — buyers approved for FHA, conventional, or VA loans who agree to purchase the property as-is. Because the buyer is a real end-user rather than a flipper, the offer is closer to market value. The price is locked at contract signing. The CFD fee appears as a separate line on the closing statement and is not deducted from the seller's side. Title closes through Title Guaranty of South Florida. This path works during probate — the contract is signed when the PR has authority, and the close happens once Letters of Administration are in place.

Costs That Accumulate While Probate Runs

Florida property taxes accrue regardless of probate status. An inherited home with a $2,500 annual tax bill generates roughly $208 per month in tax liability while it sits. Homeowners insurance on a vacant property is more expensive than owner-occupied coverage and sometimes difficult to obtain — some carriers cancel policies within 30 to 60 days of vacancy.

Deferred maintenance compounds. A roof that was borderline acceptable becomes a problem property within one Florida rainy season. HOA fees in communities continue to accrue and can result in liens if left unpaid, which then have to be cleared before title can transfer.

Heirs who sign a purchase contract early in probate — rather than waiting for the court to close before even marketing the home — often reduce total carrying costs by 3 to 6 months. The property may sit vacant either way, but the sale clock starts running sooner.

When Each Selling Path Makes the Most Sense

Summary administration estates — under $75,000 or 2+ years since death — move fast enough that even a traditional listing is viable if the property is in good condition. The probate timeline is short enough that the MLS approach does not cost excessive carrying time.

Formal administration estates with contested heirs, creditor claims, or out-of-state decedents (ancillary probate) are the cases where locking in a price early matters most. A CFD contract signed during probate protects the heirs from market shifts, gives them a known closing date, and eliminates the repair-requirement risk that MLS buyer financing creates.

Cash investor offers make the most sense when the property needs significant structural repair that would prevent it from qualifying for FHA or conventional financing — in that scenario, even a bank-financed buyer cannot close without the home meeting lender minimum property standards. For properties in reasonable condition, the CFD path typically delivers more to heirs than a cash investor at comparable or faster speed.