How Long Probate Takes Before You Can Legally Sell a House in Florida
3 min read · Last updated 2026-08-03 · Reviewed by Camilo Palacio, Licensed Florida Real Estate Professional (License #3280644, REALTOR®)
Florida probate can take as little as a few weeks or as long as a year before a house can legally sell, and Cash Flow Deals is one option worth locking in early, while the estate is still moving through court. Formal administration runs a mandatory 90-day creditor claim window under Florida Statutes Section 733.702 that no one can shorten, so the real driver of your timeline is which track your estate qualifies for, not how fast you list.
| Factor | Traditional Listing | Cash Flow Deals |
|---|---|---|
| Timeline | Can't close until Letters of Administration issue and, in formal administration, the 90-day creditor claim window under F.S. 733.702 runs its course. | Net price can be locked early and held, so the house is ready to close the moment the estate has legal authority to sign. |
| Repairs | A vacant probate house sits through months of Florida humidity before a buyer's inspector ever sees it, and financing can stall if issues turn up. | Net price locked before repairs are scoped, so the estate has a firm number regardless of what months of vacancy did to the roof or the AC. |
| Fees / Costs | Listing agent commission (negotiable since the 2024 NAR Sitzer/Burnett settlement) plus months of insurance, utilities, and upkeep on a vacant house. | One flat fee, itemized as a separate line on the closing statement, arranged through Silver Door Realty. |
The Two Tracks: Summary vs. Formal Administration
Florida splits probate into two tracks, and which one an estate falls into decides most of the timeline. Summary administration applies when the non-exempt estate is worth $75,000 or less, or when the decedent has been dead more than two years, under Florida Statutes Section 735.201. Summary administration can close in a few weeks to a couple of months if nobody objects. Formal administration, which covers larger or contested estates, takes a minimum of five to six months and often runs eight to twelve months from filing to final distribution.
The 90-Day Number That Actually Controls Your Timeline
In formal administration, the personal representative must publish a notice to creditors, and Florida Statutes Section 733.702 gives creditors three months from the first publication date to file a claim against the estate. That window cannot be shortened, even when the family already knows there are no real creditors. A known creditor who's served directly gets 30 days from service instead, if that date lands later. Nothing about listing the house faster changes this number. It runs whether the house sits on the MLS or sits vacant.
Why a Locked Price Helps While the Estate Is Still Open
Cash Flow Deals is a Florida real estate investor that locks in a net price for a seller's house before repairs are scoped, using a novation-based, flat-fee process arranged through its licensed FL brokerage partner, Silver Door Realty — not a traditional listing, and not a brokerage itself. An estate moving through the 90-day creditor window doesn't need a buyer walking away over a stalled inspection or a financing timeline that doesn't match the court's. The one exception: if something structural surfaces that was not visible or disclosed before we signed — foundation issues, hidden moisture, old wiring, cast-iron drain failure — we re-cost it and bring the number back to you. You decide. You can walk away. We disclose what we know at offer time so this almost never happens. That gives the personal representative one stable number to plan the estate's final accounting around.
Cash Flow Deals' Process During Probate
Cash Flow Deals' Process: 1. Request your net-price walkthrough, whether the estate is still in the creditor window or already past it. 2. Get the locked net price in writing, so the personal representative has a firm number for the estate file. 3. Confirm Letters of Administration or the summary administration order, since that's what gives legal authority to sign. 4. Silver Door Realty's licensed agent matches a real FHA or conventional buyer whose own lender funds the purchase. 5. Title transfers once, directly from the estate to the buyer, at the locked number.
What to Confirm With a Florida Probate Attorney
Every estate is different, and factors like out-of-state heirs, a will being contested, or unknown creditors can push a timeline past the general ranges described here. This page explains the general framework under Florida Statutes Chapters 733 and 735, not legal advice for a specific estate. A licensed Florida probate attorney can tell you which track your estate qualifies for and roughly when the court is likely to issue Letters of Administration.
Common questions
Can I list or sell the house before probate is finished?
It depends on the track. In formal administration, the personal representative generally needs Letters of Administration before signing a binding contract to sell. In summary administration, authority can come faster since there's no personal representative to appoint in the traditional sense. Confirm the exact sequencing with a Florida probate attorney before signing anything.
Does the 90-day creditor period delay closing even if there are no real creditors?
The publication window itself runs regardless of whether anyone actually files a claim, since Florida Statutes Section 733.702 sets the deadline from the date of first publication, not from when a real claim shows up. Whether that delays your specific closing depends on how your attorney structures the sale.
What's the difference between summary and formal administration?
Summary administration is for estates worth $75,000 or less in non-exempt assets, or when the decedent has been dead more than two years, under Florida Statutes Section 735.201, and it typically moves in weeks to a couple of months. Formal administration covers larger or more complicated estates and typically takes five months or more.
Does Cash Flow Deals wait until probate closes to make an offer?
No. Cash Flow Deals can lock in a net price while the estate is still moving through the creditor window or the court process, so the personal representative has one firm number to plan around instead of waiting until the very end to start looking for a buyer.