Selling an Inherited House in Probate: Florida Timeline and Costs
Inheriting a house in Florida almost always means going through probate — the legal process where the court validates the transfer of the property. How long does it take? What does it cost? And when can you actually sell? This guide answers all three with Florida's real timeline.
The two types of probate in Florida
Summary administration (1–3 months)
Available if the estate is worth less than $75,000 (excluding homestead) or the death occurred more than 2 years ago. Faster and cheaper, but limited.
Formal administration (6–12 months)
The common route when real estate is involved. The court appoints a personal representative who manages the estate, notifies creditors, pays debts, and distributes assets.
Typical formal administration timeline
File the petition (weeks 1–4)
A probate attorney files in the county where the deceased lived. The court appoints the personal representative and issues letters of administration.
Creditor notice period (90 days)
Notice to creditors is published; they have 90 days to file claims against the estate.
Inventory and administration (months 3–8)
The personal representative inventories assets and pays valid debts and taxes. During this stage the house can be prepared for sale — and frequently sold.
Distribution and closing (months 8–12)
With debts paid, the court approves final distribution to heirs and closes the probate.
The real costs (and the hidden cost of waiting)
Typical Florida probate costs: court filing fees (several hundred dollars), attorney fees (~3% of the first $1M of estate value per the statutory guideline for formal administration), personal representative fees (~3% statutory), plus appraisals and miscellaneous costs.
But the cost that hurts most is carrying the house in the meantime: property taxes, insurance (expensive for a vacant home), utilities, maintenance, and possibly a mortgage. A vacant inherited house can cost $1,000–$2,500+ per month — across 6–12 months of probate.
When can you sell? Your options
In many cases you don't need to wait for probate to finish. The personal representative can sell the property during formal administration — with court authority or a power of sale in the will. The proceeds go to the estate and are distributed at closing.
Selling to a cash buyer during probate has practical advantages: we work around the legal calendar (we close whenever the attorney says it's allowed), we buy as-is (no investing in a house that isn't legally yours yet), and we eliminate months of carrying costs.