Probate does not change who owns a Florida property. It establishes who is legally able to act for the person who did. Until that is settled, the house cannot be sold, refinanced, or cleared of what is filed against it — which is why an estate property under an auction deadline becomes urgent so quickly.
The court appoints a personal representative. Letters of Administration evidence that person's authority to act for the estate.
No representative is appointed. A court order distributes the property directly to the people named in it. The value cap rose to $150,000 on July 1, 2026.
The owner lived in another state. Florida real estate may still require a Florida proceeding of its own.
Survivorship title, a trust, or a life estate can move the property outside probate entirely. Start with the recorded deed.
Before anyone asks which probate route applies, read how the owner actually held title. This one fact sends the file somewhere different on day one.
The word “deceased” does not tell you whether a probate order is needed. Tenancy by the entireties between spouses, and joint tenancy with right of survivorship, can leave the surviving owner holding the full interest by operation of law. A life estate — including an enhanced life estate, often called a lady bird deed — can end at death and leave the remainder holders able to convey. Property titled in a trust is owned by the trust, and the question becomes who the acting trustee is and what the trust lets them do.
A solely owned interest, or a tenant-in-common share, is the case that usually needs an estate transfer path. The deceased person's interest stays in their name until something moves it, and no relative acquires the power to sign simply by being a relative.
This is also where families lose the most time. A surviving spouse who already holds the property outright can be sent to open a probate case that the file never needed, while an heir who genuinely needs a court order spends weeks waiting for a closing that was never going to happen.
The full interactive walkthrough — the same sequence a title coordinator runs on a deceased-owner file.
Six chapters, worked end to end: read the vesting, choose the probate route, trace the sale authority, then clear what stands between the file and the closing table.
A personal representative's power to sell estate real estate depends on the will and on section 733.613. Where the will grants sufficient power of sale, a separate order is generally not required. Where the owner died without a will, or the will does not give usable sale power, court authorization or confirmation may be needed for title to pass.
This is the single most common reason an estate closing slips. It is worth asking about in week one, not in the final week.
Florida homestead has constitutional protection and special descent and devise rules under section 732.401. A surviving spouse or a minor child can change both who takes the property and what the owner was able to do with it by will.
Homestead is a legal question, not a paperwork question. It belongs with probate counsel before anyone signs a contract.
Creditor claims, property taxes, judgment and tax liens, and Medicaid estate recovery all survive the owner. A title underwriter will name in writing what it needs released, satisfied, or evidenced before it will insure the transfer.
Opening a probate case does not by itself cancel a Florida foreclosure sale or a tax deed sale. Those run on their own calendars, and the relief available differs between them. If an estate property has a sale date, that date — not the probate timeline — is the one to work backwards from.
No. It depends on how the owner held title. Property held with a right of survivorship, property held in a trust, and property subject to a life estate can pass outside probate. A solely owned interest, or a tenant-in-common share, commonly needs an estate transfer path.
Often yes. A closing can occur while the estate remains open, provided the required authority exists and the title underwriter's conditions are satisfied. Final discharge of the estate is a separate milestone.
Not automatically. Opening a probate case does not by itself cancel a scheduled Florida foreclosure sale or tax deed sale. Those are separate proceedings with their own deadlines, and the relief available differs in each. Seek counsel well before the sale date — see foreclosure for the mortgage side and tax deed auctions for the tax side.
Florida homestead property has constitutional protections and special descent and devise rules under section 732.401. A surviving spouse or minor child can change who takes the property and what the decedent could do with it by will. Homestead questions are legal questions and belong with probate counsel.
DeedAdvisor.org publishes free, plain-English guides to foreclosure, tax deed auctions, probate, inherited property, and unclaimed estates across all 67 Florida counties.
Browse all guides