Resource Center
Selling a House During Probate
Yes, you can usually sell a house while probate is open. The key questions are who has authority to sign and whether a court order is needed.
Inherited Property Associates is not a law firm and does not provide legal or tax advice.
Who can sign
In formal administration, the personal representative signs on behalf of the estate once appointed. If the will grants a power of sale, a court order may not be required; otherwise the personal representative typically petitions the court for authority. Title companies often have their own requirements, so the attorney and title company should coordinate early.
If the home was homestead
Florida homestead property often passes directly to heirs rather than becoming part of the probate estate. In that case, the heirs themselves may need to sign the deed, and the court may first enter an order determining homestead status.
Steps to a smooth sale
- Confirm authority to sell with the estate's attorney
- Secure, insure and maintain the home
- Decide: cash sale, listing or heir buyout
- Clear liens and back taxes at closing
- Proceeds go to the estate or heirs as the attorney directs
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