The Probate Real Estate Process in Florida: What Heirs Need to Know
Losing a loved one is one of life's most difficult experiences. When that loss is compounded by having to handle their estate — including real property — the complexity can feel overwhelming. This guide is designed to help heirs, personal representatives, and family members understand Florida's probate real estate process and make informed decisions during a difficult time.
What Is Probate?
Probate is the legal process by which a deceased person's (decedent's) estate is administered. The process involves:
- Validating the will (if one exists)
- Identifying and inventorying all assets
- Paying outstanding debts and taxes
- Distributing remaining assets to heirs
In Florida, probate is supervised by the Circuit Court in the county where the decedent lived. Most estates go through "formal administration," though smaller estates may qualify for a simplified process called "summary administration."
Does All Real Estate Go Through Probate in Florida?
Not necessarily. Real estate may bypass probate if:
- Joint tenancy with right of survivorship: Property passes automatically to surviving co-owner
- Living trust: Property held in trust passes to beneficiaries without probate
- Lady Bird Deed (Enhanced Life Estate Deed): Florida's popular deed type that allows property to pass at death without probate
- Tenancy by the entirety: Property owned by spouses passes automatically
If the property was in the decedent's name alone without any of these structures, it will go through probate.
The Florida Probate Timeline
Florida probate timelines vary significantly:
- Summary administration: For estates under $75,000 (excluding homestead), often completed in 1-3 months
- Formal administration: Typically 6-12 months for straightforward estates
- Contested estates: Can take years if heirs dispute the will or distribution
Selling Real Estate During Probate in Florida
The Personal Representative (similar to an executor in other states) has the authority to sell estate real property, but must follow specific procedures:
- Appointment by the court
- Notice to creditors published for 3 months
- Court approval may be required depending on will terms and estate circumstances
- All heirs and interested parties typically receive notice of any planned sale
Can You Sell Before Probate Closes?
Yes, in many cases a property can be sold during the probate process — the sale proceeds simply become part of the estate and are distributed according to the will or state law. Working with a probate-experienced real estate agent and attorney is critical to ensure the process is handled correctly.
Homestead Property in Florida Probate
Florida law provides special protections for homestead property — the decedent's primary residence. Homestead property is:
- Protected from most creditor claims
- Generally devised (given) to heirs with restrictions if the decedent had a surviving spouse or minor children
- Cannot be sold by the Personal Representative without court approval and consent of all interested parties if certain family members exist
Your Options as an Heir
- Keep the property: Refinance into your name and either live in it or rent it
- Sell the property: Distribute the proceeds among heirs
- Buyout one heir: If multiple heirs, one can buy out the others' interests
- Rent the property: Generate income while deciding long-term disposition
Why Work With a Probate Real Estate Specialist?
Probate real estate sales have unique considerations that require specialized experience:
- Properties often haven't been maintained and may need work before listing
- Personal representatives may be out of state or unfamiliar with Florida market
- Court timelines can complicate standard transaction processes
- Multiple heirs with differing opinions require skilled communication
- Estate properties often have unique features or issues (deferred maintenance, unique layouts, etc.)
Marie Sanjurjo has extensive experience helping families navigate probate real estate in Miami-Dade County. She works sensitively and efficiently with Personal Representatives, attorneys, and multiple heirs to achieve the best outcome for the estate.
Getting Started
If you're a Personal Representative or heir dealing with real estate in probate, Blue Mar Real Estate Group offers a free, confidential consultation. We'll help you understand your options, timeline, and the best strategy for the estate's specific situation.
Contact Marie at (305) 680-5672 or marie@bluemargroup.com. We understand that this is more than just a real estate transaction — it's a deeply personal process — and we'll treat it accordingly.