When a property owner passes away in Florida, their real estate typically must go through probate before it can be sold or transferred — unless it was held in a trust, owned as joint tenants with right of survivorship, or had a transfer-on-death designation.
Probate is the court-supervised process of validating the will, paying debts, and distributing assets. In Florida, there are two types: formal administration (for estates over $75,000) and summary administration (for smaller estates or those where the decedent has been dead for more than two years).
How It Affects Selling the Property
During formal administration, the personal representative has the authority to list and sell real property, subject to court approval in some cases. The process adds time — typically 4-8 months for a straightforward estate — but does not prevent a market-rate sale.
Families in Central Florida often want to sell quickly to avoid carrying costs like mortgage payments, property taxes, insurance, and maintenance on a vacant property. Getting the home market-ready during the probate process — rather than waiting until after — can save weeks of carrying costs.
Sloan Properties works with families and their attorneys throughout Orange County to coordinate the sale with the probate timeline. We provide pricing guidance, handle property preparation, and manage the transaction so families can focus on what matters.
Frequently Asked Questions
How long does probate take in Florida?
Summary administration can be completed in weeks. Formal administration typically takes 4-8 months, though complex estates can take longer.
Can the personal representative live in the home during probate?
This depends on the will and the agreement of other beneficiaries. The personal representative has a fiduciary duty to act in the best interest of all heirs.
Who pays the property expenses during probate?
The estate is responsible for carrying costs. The personal representative can use estate funds to cover mortgage, taxes, insurance, and necessary maintenance.
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
