What probate is, and when real estate goes through it

When someone dies in Florida, their assets pass to their heirs through one of two routes. Some assets bypass probate - anything held in a trust, jointly with right of survivorship, with a transfer-on-death beneficiary, or through a life-estate or "Lady Bird" deed. Anything else goes through probate.

Real estate held solely in the deceased person's name, with no co-owner or beneficiary designation on the deed, almost always has to go through probate before it can be sold. The court issues the personal representative (PR) the formal legal authority to act on behalf of the estate - including signing the deed at closing.

Probate matters even when the heirs all agree on what to do. The buyer's title insurer will require a clear chain of title, and that means the estate has to be administered through the probate court, with the PR's authority documented and the property's transfer recorded properly.

The two main probate paths in Florida

Florida has two primary forms of probate that come up in a real estate sale:

• Formal administration - the standard process. Required for most estates that include real estate. A personal representative is appointed by the court, issued Letters of Administration, and supervised by the probate court throughout. Required by statute to be conducted by a Florida-licensed attorney; the PR cannot represent themselves. Timeline is typically 6-12 months at a minimum, often longer if the estate is contested or complex.
• Summary administration - a faster, simpler process available when the estate's non-exempt assets are $75,000 or less, OR the deceased has been dead more than two years (regardless of estate value). No PR is appointed; instead, the court issues an order distributing the assets directly. Can be completed in a few months. An attorney is generally still recommended.

A third path, ancillary administration, applies when a non-Florida resident dies owning Florida real estate. The main estate is administered in their state of residence; a Florida ancillary case handles the Florida property. We see this often with out-of-state heirs inheriting a Florida second home or vacation condo.

The key players

• Personal representative (PR) - the person legally authorized to act on behalf of the estate. Named in the will (the "executor") or appointed by the court when there is no will. Has fiduciary duty to the beneficiaries.
• Probate attorney - required in Florida formal administration. Files the case, prepares court filings, advises the PR.
• Probate judge - oversees the case and signs orders authorizing major actions, including the sale of real estate.
• Heirs and beneficiaries - those who inherit per the will or, if there is no will, under Florida's intestate succession statute.
• Real estate agent - markets the property, manages the sale, and coordinates with the probate attorney on the timing and documentation. This is where Real Hodge Group steps in.

The probate sale, step by step

Every case has variations, but a typical Florida probate real estate sale looks like this:

1. Petition for administration filed - the probate attorney files in the county where the deceased lived (or in the county where the Florida property sits, for ancillary cases).
2. Personal representative appointed - the court issues Letters of Administration, giving the PR authority to act.
3. Property valued - formal appraisal or a current market evaluation, depending on the case.
4. Property listed - typically through a real estate agent who knows probate timelines and paperwork. The listing discloses that the property is being sold as part of an estate.
5. Offer accepted - the PR signs the contract, often with the probate attorney's review. The contract usually includes a probate-court-approval contingency.
6. Court approval - depending on the will and the case, the sale may require an order from the probate judge. The probate attorney files the petition and notifies interested parties.
7. Closing - title is cleared, the PR signs the deed on behalf of the estate, and proceeds go into the estate's account.

What buyers should know

Buying a probate property is not fundamentally different from buying any other home, but a few things are predictably different:

• Timeline is longer. Even with a clean case, expect 30-90 extra days beyond a normal closing because of court approval and PR coordination.
• Disclosures are limited. The PR usually did not live in the property and has limited personal knowledge of its condition. Many probate sales are sold AS-IS.
• Inspections still matter - arguably more than in a typical sale. Bring a thorough inspector.
• Negotiation is real but not always with an "estate discount." In hot Miami submarkets, probate properties often sell at or above neighborhood comps. The opportunity is more about access to inventory than automatic discount.
• Title is the area to watch. A title company experienced with probate is essential. Make sure the title commitment reflects the probate court's authority cleanly.

What personal representatives and heirs should know

If you have just been named the PR, or you are an heir helping a PR navigate the process:

• Engage a Florida probate attorney first. They drive the timeline. The attorney does the court work; the real estate agent does the sale work. Both are needed.
• Get a professional valuation early. It anchors the sale price, the estate's tax basis, and the conversation with heirs about expectations.
• Mind the carrying costs. Florida property taxes, insurance (often higher post-loss for an unoccupied home), HOA fees, and utilities accrue every month the property sits. A clean, on-market sale is usually better than holding indefinitely.
• Disclose what you know - and clearly note what you do not. PRs are not expected to have lived in the property. Saying "personal representative has no personal knowledge of [item]" is appropriate and protective.
• For out-of-state heirs, remote handling is normal. Florida allows remote online notarization, and most paperwork can be completed by mail or e-sign. You generally do not need to be in Florida to handle an estate sale here.

The condo wrinkle

If the inherited property is a Florida condominium, the SB-4D layer comes into play. Older condo buildings may have pending milestone-inspection deadlines, unfunded structural reserves, or special assessments. The estate inherits whatever the building's status is. Our Florida Condo Milestone guide covers what to check; in a probate context, the PR should pull the building's milestone report, SIRS, and recent financials early - the buyer's lender will likely ask for them, and the financial picture often affects whether the building is warrantable, and therefore the pool of buyers.

The international wrinkle: FIRPTA

If the deceased was a foreign person, or if a foreign person inherits Florida real estate, FIRPTA withholding rules apply when the property is later sold. The closing agent withholds a percentage of the gross sale price for the IRS. Our FIRPTA guide explains how the withholding works and when reductions or exemptions are available. For estates with a foreign decedent or foreign heirs, plan for FIRPTA from the start of the probate process - not at closing.

A real Miami example

A common composite: a parent passes away, leaving an out-of-state adult child as the only heir to a 1990s waterfront condo in Miami Beach. The child has never lived in the property. They open ancillary administration through a Florida probate attorney; a personal representative is appointed within about six weeks. Real Hodge Group is engaged, walks the unit, pulls the milestone inspection and SIRS for the building, and finds a pending $40,000 special assessment plus reserve increases.

The unit is priced accordingly and listed AS-IS. An offer comes in, the contract is signed with court-approval and financing contingencies. Sixty days later the court approves the sale, the PR signs the deed remotely, and the proceeds are wired to the estate's attorney-managed account. From the heir's first call to closing: about four months. The figures and timing here are illustrative - every estate is different, and the specifics turn on the will, the building, and how cleanly the probate proceeds.

Working with Real Hodge Group

We work probate sales, coordinating with the probate attorney on timing, listing and marketing the property the way we list anything else, managing buyer expectations around court approval, walking PRs through the documents that need signing, and arranging remote closing for out-of-state heirs. We do not give legal or tax advice, but we work with experienced Florida probate attorneys and CPAs and will introduce you to the right professionals when you need them. Contact Real Hodge Group early in the process - even before the property is ready to list - and we will help you map the timeline.