Sell a Probate Property in Florida
Florida probate is governed by Chapters 731–735 of the Florida Statutes. Florida has two main probate tracks: Summary Administration (for estates under $75,000 or when the decedent died more than 2 years ago) and Formal Administration. Formal Administration requires a 90-day creditor window after filing a Notice of Administration. Florida homestead property has special protections — if the property was the decedent's primary residence, surviving spouse or minor children have priority rights that must be addressed before a sale can close.
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Probate & Estate Sales in Florida — FAQ
Yes, but homestead property in Florida has special protections. If there is a surviving spouse or minor children, their consent or court approval is required. Our team has experience with Florida homestead probate sales and will coordinate with your estate attorney.
Summary Administration is available when the estate value (excluding homestead) is under $75,000, or if the decedent died more than 2 years ago. It is faster than Formal Administration and does not require appointment of a personal representative.
Summary Administration can be completed in 4–8 weeks. Formal Administration takes a minimum of 5–6 months due to the 90-day creditor waiting period. A cash sale can close as soon as the personal representative has authority to sell.
In Formal Administration, the personal representative can usually sell real estate without court approval unless the will requires it or an interested party objects. We will verify this with your probate attorney at the start of the process.
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