What Probate Actually Does to a Property
When someone dies owning real property solely in their name in Florida, that property cannot be transferred to heirs or sold without going through the probate process. Probate gives the court oversight of the estate — making sure debts are paid and assets are distributed properly.
The property does not go into some legal limbo during probate. It continues to exist, accrue taxes, and require maintenance. What changes is who has legal authority to act on it. Until a personal representative is appointed by the court, no one has authority to sign a contract to sell it.
Once a personal representative is appointed — typically within the first few weeks of filing — that person has the authority to manage and sell estate assets, including real property.
The Florida Probate Process — Step by Step
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1
Week 1–2
Petition Filed With the Court
The estate is opened by filing a petition with the Florida circuit court in the county where the deceased lived — Miami-Dade in most cases. The will, if one exists, is submitted for validation.
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2
Week 2–4
Personal Representative Appointed
The court issues Letters of Administration to the personal representative. This document grants legal authority to act on behalf of the estate — including signing contracts to sell real property.
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3
As Early as Week 4
Property Can Be Listed or Sold
Once Letters of Administration are issued, the personal representative can accept a cash offer and sign a contract. This is the earliest point a sale can move forward — no need to wait for full probate to close.
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4
Months 2–6+
Creditor Claims Period
Florida law requires a 90-day creditor claims period after notice is published. Known creditors are notified and have time to file claims against the estate. Sale proceeds can be held in escrow during this period.
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5
Month 6–12+
Estate Closed, Proceeds Distributed
After all debts and expenses are paid, the court approves final distribution. Heirs receive their share of the proceeds. The estate is formally closed.
Formal Administration vs. Summary Administration
Formal Administration
- Standard Florida probate process
- Required when estate does not qualify for summary
- Personal representative appointed by court
- 90-day creditor claims period required
- Typically 6 to 12 months total
- Property can be sold early in the process
Summary Administration
- Simplified process — no personal representative
- Available when deceased dead 2+ years OR estate under $75,000
- Much faster — often 4 to 8 weeks
- All heirs must sign the petition
- Court order transfers property directly to heirs
- Heirs can then sell once order is entered
Don't wait for probate to close before selling. The property accumulates taxes, insurance costs, and maintenance expenses every month it sits in the estate. Selling as soon as the personal representative has authority — typically within the first 4 to 6 weeks — stops that clock and simplifies everything that follows.
What a Cash Buyer Can Do in a Probate Sale
A cash buyer is often the best fit for a probate property because the timeline is flexible and there are no lender conditions to satisfy. Here is what working with a cash buyer looks like in a probate context:
- We make a cash offer within 24 hours based on the property's condition and market value
- The personal representative signs the purchase contract on behalf of the estate
- The title company coordinates with the probate court on any required approvals
- Closing is scheduled once authority is confirmed — we work within whatever the court timeline requires
- Sale proceeds go into the estate account and are distributed after debts are paid
- No repairs, no showings, no cleaning required — the property transfers as-is
Common Questions
Does a probate sale in Florida require court approval?
In Florida formal administration, the personal representative generally has authority to sell real property without specific court approval for each transaction — unless the will requires it or there are objecting heirs. The personal representative's authority comes from the Letters of Administration issued by the court. A title company will confirm what is required based on the specific estate circumstances before closing.
What if there is no will — can the house still be sold?
Yes. When someone dies without a will in Florida — called dying intestate — the probate court appoints an administrator, typically the closest next of kin. That administrator has the same authority as a personal representative named in a will, including the authority to sell real property. Florida intestacy law determines how the proceeds are ultimately distributed among heirs.
Can heirs move into the probate property while the estate is open?
Heirs do not automatically have the right to occupy probate property — the personal representative controls the estate assets. In practice, many families do occupy the home during probate, particularly if a surviving spouse or dependent was living there. However, this is a matter to address with the personal representative and the estate, not something heirs can do unilaterally.
What happens to a mortgage on a house in probate?
A mortgage does not disappear in probate. The estate is responsible for continuing mortgage payments while the property is in the estate — failure to pay can lead to foreclosure even during probate. This is one of the strongest reasons to sell the property early in the process rather than letting it sit. The mortgage is paid off from sale proceeds at closing.
Does Acrux Trust, Inc. buy probate properties in Miami-Dade?
Yes. We buy probate properties throughout Miami-Dade County. We make cash offers within 24 hours, work within court timelines, and purchase as-is with no repairs required. The personal representative handles the signing and we handle the rest. Call (305) 925-2475 to discuss your specific estate situation.
