Can You Sell a House During Probate? Here’s What Florida Families Need to Know

You’re grieving. You’re managing affairs. And now, you’re asking:

Can you sell a house during probate?

If you’ve just lost a parent and you’re trying to sort out their home, it can feel like a tidal wave of legal red tape. But in Florida, the answer to your question isn’t as complicated as you might think.

Yes, you can sell a house during probate—but there are a few critical steps and court approvals to check off first.

Let’s walk you through the process so you can move forward with clarity, confidence, and the support of a legal team that knows Oviedo’s probate courts inside and out.

Why Probate Happens (and Why It Matters)

Probate is the legal process of administering someone’s estate after they pass away. It ensures:

• Any debts or taxes are paid.
• Assets are distributed according to the Will—or Florida intestacy law if there’s no Will.
• The transfer of ownership (especially for real estate) is done legally and transparently.

The court designates a personal representative—often a family member named in the Will or appointed by the court—to handle all of this. If that’s you, you’re not alone. Vollrath Law is here to help you navigate each step, especially if you’re facing the added pressure of trying to sell a home.

Can You Sell a House During Probate in Florida?

Yes. Florida law allows it.

The personal representative (in other states sometimes called an executor) can sell the property before probate is completed, but only after being formally appointed by the court and receiving the appropriate authority.

Let’s unpack what that looks like.

Step-by-Step: Selling a House During Probate in Florida

1. Get Appointed by the Court

The court will issue Letters of Administration. This document officially gives you the power to act on behalf of the estate.

Without this, you can’t sign listing agreements, accept offers, or transfer ownership of the property.

2. List the Property for Sale

Once you have the court’s order, you can:

• List the house with a realtor
• Market it like any other sale
• Accept offers and enter into a binding contract, as long as it’s contingent on court approval

Note: The proceeds from the sale will not go directly to heirs right away. Instead, they’ll be held by the estate until probate is fully wrapped up.

3. Check the Will for Power of Sale

If the Will explicitly gives the personal representative the Power of Sale, you’re in luck—it speeds up the process.

If it doesn’t (or there is no Will), you’ll likely need to file a petition with the probate court requesting permission to sell the home. The court may require you to:

• Notify all heirs and interested parties.
• Provide an appraisal or comparative market analysis.
• Justify the sale terms and price.

4. Appraise the Property

Most Florida courts require the house to be sold at or near fair market value, or have all the beneficiaries agree to the sale price. A professional real estate appraisal protects you and the estate from later claims that the home was sold below value.

4. Notify Heirs and Creditors

Florida law requires that all interested parties—heirs, creditors, and beneficiaries—are notified of the proposed sale. They typically have 20 days to object.

5. Close the Sale

After court confirmation, you can proceed with closing. At this stage:

• The title transfers to the buyer.
• Sale proceeds go to the estate’s account.
• You or your attorney use those funds to pay off debts, taxes, and expenses.

Anything left over? That’s distributed to the heirs in line with the Will or Florida law.

What If There’s a Mortgage on the House?

Here’s what many people don’t realize: Mortgage payments don’t pause when someone dies.

During probate, the estate is responsible for keeping the mortgage current. That often means the personal representative (or family members) need to cover those payments to avoid default or foreclosure.

In some cases, selling the home during probate is the best way to avoid falling behind—especially if other estate assets can’t support the monthly payment.

How Long Does It Take to Sell a House in Probate?

Every probate case is different, but here’s a general timeline:

• Probate appointment: 1–2 months
• Property appraisal & court petition: 1–2 months
• Sale listing & buyer offer: Varies (2–6 months typical)
• Court approval & closing: 1–2 months
• Final distribution: After all debts are paid

Altogether, the probate process in Florida typically lasts 4 to 8 months—but that doesn’t mean you need to wait that long to sell.

With court approval and the right legal team guiding you, the sale can move forward while probate continues in the background.

Do All Heirs Need to Agree to the Sale?

Not necessarily. If the Will gives you authority (or the court grants it), you don’t need unanimous agreement from all heirs. But practically speaking, it’s wise to keep communication open.

Disagreements over property value, listing price, or timing can cause delays—so transparency helps reduce tension and ensures the process goes smoothly.

Vollrath Law frequently helps clients manage these sensitive conversations with professionalism and tact.

What If No Will Exists?

If your parent passed without a Will, Florida’s intestacy laws decide who inherits what. The court will appoint a personal representative, and the process works largely the same—but there’s no Power of Sale granted automatically.

You’ll definitely need court permission to sell. And since there’s no Will to clarify intentions, family disputes can arise more easily.

That’s why we strongly recommend involving a probate attorney early in the process.

Why You Shouldn’t Go It Alone

Selling a home during probate isn’t a typical real estate transaction. From court filings to creditor claims to family dynamics, there’s a lot that can go wrong.

At Vollrath Law, we help Florida families:

• File the right petitions and get approval to sell
• Coordinate appraisals and disclosures
• Work with realtors familiar with probate sales
• Minimize delays caused by court hearings or objections
• Protect heirs’ interests and distribute funds legally

If you’re wondering can you sell house during probate, the real question is:

Can you afford not to get the legal guidance you need?

Ready to Talk? Let’s Make a Plan

You don’t have to figure this out alone—and you shouldn’t.

At Vollrath Law, our Oviedo probate lawyers have helped countless families just like yours navigate the sale of property during probate with clarity, compliance, and compassion.

Call us today or schedule your consultation online to get clear, strategic answers about your next steps.