Can You Sell an Inherited House Without Probate in Florida?
Here’s When It’s Possible And What to Do If It’s Not
What Probate Means and Why Skipping It Could Save You Time and Stress
Probate is the legal process that transfers ownership of a home after someone passes. It’s meant to protect everyone involved but in Florida, it can take months, cost thousands, and cause major delays if you’re trying to sell.
Even if there’s a will, probate may still be required unless the home was set up to transfer automatically like through a trust, Lady Bird Deed, or joint ownership.
If you’re feeling unsure, you’re not alone. Many families want to avoid probate and in some cases, you legally can. Up next, we’ll show you when that’s possible.
When Probate Isn’t Required in Florida
Not every inherited home in Florida has to go through probate
In some cases, the property may already be set up to transfer automatically and if that’s true for you, you may be able to sell the house without court involvement.
Here are a few common scenarios where probate might not be required:
✅ Lady Bird Deed (Enhanced Life Estate)
✅ Joint Ownership with Right of Survivorship
✅ Trust Ownership
✅ Transfer-on-Death (TOD) or Beneficiary Deed
✅ Summary Administration for smaller estates
Not sure if one of these applies to you? That’s okay. Most people aren’t sure what kind of deed they have or how the home was titled. We can help you figure it out quickly and for free, so you don’t risk delaying the sale or doing something out of order.
What if none of these apply? Let’s talk about what happens if probate is require and what you can still do.
What to Do If Probate Is Required
And How You Can Still Sell the House
Why Florida Landlords Choose to Sell, Even Below Market Value
If none of the exceptions apply to your situation, then yes, probate may be required before the home can be sold. But that doesn’t mean the sale has to wait, or that the process has to be difficult.
Probate is simply the legal process that gives someone the authority to handle the estate usually by appointing a Personal Representative (also known as the executor). Once that happens, the property can often be sold during probate with court approval, not just after it’s over.
Here’s what that means for you:
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- The estate will need to be opened with the court
- You’ll need documents like the death certificate, will, and Letters of Administration
- Once those steps are complete, the property can be sold legally as long as it’s done properly
Don’t worry, you're not expected to figure all of this out on your own. We work closely with probate attorneys and families across Florida to help make the process easier. Whether probate has already been started or you’re just beginning, we can walk you through what’s needed and help you sell the home without delays or confusion.
Can You Sell the House Before Probate Is Complete?
Yes, In Many Florida Cases, You Can Sell During Probate
If you’re in the middle of probate, you may be wondering if you have to wait months before anything can happen with the house. The good news is: you don’t always have to wait for probate to be fully completed to sell.
Once someone is appointed as the Personal Representative, they can often sell the home with court approval as long as the sale follows the proper legal steps.
Here’s What Selling During Probate Usually Involves:
The probate case is opened with the court
The court appoints a Personal Representative
The PR requests approval to sell the property
Once approved, the sale can move forward while probate continues
You Don’t Need to Panic. You Just Need the Right Process
This happens more often than you think, and it’s fixable. With the proper documents and a probate-savvy buyer or attorney, you can still move forward smoothly and legally.
Let’s make sure everything is in order before it becomes a problem.
Common Situations We Help With Even If Probate Feels Complicated
You don’t need to have it all figured out to take the next step. Whether you’ve just started probate, feel stuck in the middle of it, or aren’t sure where to begin, we’ve helped Florida families in the exact same spot.
🔍 You haven’t started probate yet and don’t know where to begin
📄 You’re the Personal Representative, but the paperwork and legal steps feel overwhelming
🤝 There are multiple heirs, and no one can agree on what to do
✈️ You live out of state and can’t manage the property from afar
🛠️ The house needs work, and you don’t want to clean, fix, or list it
🧭 You’re just trying to do the right thing and need someone to guide you
If any of these sound familiar, we’re here to help. You don’t need everything perfect, we’ll walk you through it.
What Happens If You Try to Sell Without Probate or Clear Title?
It’s a question a lot of people ask and the answer matters more than most realize.
If probate hasn’t been completed (or properly started), or if the title still lists the deceased as the legal owner, you may not be able to legally sell the property yet, even if a buyer is ready.
Title companies in Florida will block the sale if ownership hasn’t been legally transferred. And if you try to sell too soon, you could face:
❌ Delays at closing
❌ A canceled sale
❌ Legal complications if other heirs object
❌ Buyers walking away and not coming back
This situation comes up often, and it can be resolved. We work with families to spot these issues early and handle them correctly, so you can move forward without unexpected delays or complications.
How Our Process Works (Even with Inherited Homes or Probate)
We know selling an inherited home, especially one going through probate, can feel overwhelming. That’s why we keep things simple, clear, and pressure-free from day one.
Here’s how it works:
✅ Step 1: Tell Us About the Property
Fill out our short form or give us a call and tell us a few details about the property
✅ Step 2: Get a Fair Cash Offer
We review your situation (including probate status, if applicable. You get a fair, no-obligation cash offer.
✅ Step 3: Probate Coordination
We coordinate with your probate attorney or help you find one, if needed
✅ Step 4: Close on Your Timeline
You choose the closing date that works for you and your family
Whether you're ready to sell now or just exploring options, we’re here to help.
No pressure. No judgment. Just a clear path forward when you’re ready.
Ready to See If You Can Sell Now? Let’s Take a Look Together
Not sure if you can sell yet? We’ll help you find out. No pressure, no guesswork.
Whether you’re just starting probate or deep in the process, we’ll review your situation, answer your questions, and let you know your real options.
Here’s what happens next:
- You tell us a few details about the property
- We review everything, including probate status
- You get honest guidance and, if you're ready, a fair, no-obligation cash offer
- Not ready yet? That’s okay. We’ll simply help you know what to expect
Get started below and we’ll walk through it together.
Real people. No pressure. Just a clear next step when you’re ready.
We Buy Inherited Houses All Over Florida
We buy houses in the Tampa Bay area. From Bradenton’s beautiful coastal communities to Sarasota’s vibrant arts scene, the historic charm of St. Petersburg, and the bustling energy of Tampa, we’re proud to serve homeowners across these unique cities. No matter where you are in the region, we understand the local market and are here to help.
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This is your main starting point. We’ll guide you through your options so you can feel confident, informed, and ready to take the next step when you're ready.
We’ll walk you through what happens next, from the first call to closing day. Simple steps, clear info, and no surprises so you always know what to expect.
We’re a small, local Veteran & Firefighter family-owned business, no big corporations. Just real people helping Florida homeowners sell their houses simply and stress-free.