"How do I sell an inherited house in probate in Florida?"
In most cases, the house is sold during probate by the estate's personal representative (Florida's term for executor). Florida law is direct about this: if the will gives the personal representative a power of sale, they can sell the property without a separate court order. If there's no will — or no power of sale in it — the personal representative can still sell, but the court must authorize or confirm the sale (Florida Statutes §733.613). Either way, inherited houses get sold through probate every day. The difference between a smooth sale and a painful one is mostly preparation and timing.
The Florida probate sale, step by step
- 1. Open the estate. A probate case is filed with the Clerk of Court in the county where the person lived. In most formal administrations, Florida court rules require the personal representative to have an attorney — so this usually starts with hiring one.
- 2. Personal representative appointed. The court issues Letters of Administration. This is the legal authority everything else depends on — until it exists, nobody can close a sale of estate property. Opening the estate promptly is the single biggest speed lever you control.
- 3. Determine the sale authority. Will with power of sale → the personal representative can sell without separate court authorization (§733.613(2)). No will, or no power of sale → the sale needs court authorization or confirmation (§733.613(1)). Your attorney confirms which path applies.
- 4. Contract and close. The property can go under contract during administration; the closing is run by a licensed title company and timed to the court process where needed. Proceeds flow into the estate and are distributed under the will or Florida intestacy law.
Summary administration is a shortcut worth asking your attorney about: if the estate's non-exempt assets are $75,000 or less, or the person has been gone more than two years, Florida allows a simplified process (§735.201) that can conclude in weeks rather than months.
One caution on homestead: if the house was the deceased person's Florida homestead, special constitutional rules affect how it passes and how it can be sold — this is exactly the kind of detail the estate's attorney needs to address early, not at the closing table.
Where probate actually happens in Tampa Bay
Hillsborough County — Thirteenth Judicial Circuit
Probate cases are filed with the Hillsborough Clerk of Court (hillsclerk.com) and heard in the Thirteenth Judicial Circuit in Tampa. Case dockets and filed documents are viewable online through the Clerk's HOVER system (hover.hillsclerk.com) — useful when heirs live out of state and want to follow the case themselves.
Pinellas County — Sixth Judicial Circuit
Probate runs through the Pinellas Clerk of the Circuit Court in Florida's Sixth Judicial Circuit, with cases assigned to the Clearwater courthouse or the St. Petersburg branch. Tampete Homes is based in downtown St. Petersburg and buys probate and inherited properties across the county.
Inherited a house with unpaid taxes? Read this.
Property taxes don't pause for probate. If the taxes have been delinquent for two or more years, a tax deed auction can be scheduled while the estate is still open — and that clock outranks every other deadline you have. Here's how the tax-delinquency timeline works, and here's the full story of a family home we helped save one day before its auction.
Common questions about selling a probate house in Florida
Can I sell before probate is finished?
Yes — sales usually happen during probate, not after. What you can't do is close before a personal representative is appointed. Open the estate early; everything else follows from that.
Does the personal representative need court approval to sell?
Not if the will grants a power of sale (§733.613(2)). Without one — or without a will — the court must authorize or confirm the sale (§733.613(1)). Your probate attorney will know which applies within the first conversation.
How long does probate take in Florida?
Summary administration: often weeks to a few months. Formal administration: commonly six months to a year or more, depending on the creditor period, the court's calendar, and the estate's complexity. The house sale can be in motion well before the case closes.
Do I need a lawyer?
For most formal administrations, yes — Florida court rules require the personal representative to be represented by an attorney. If you don't have one, we can refer you to local probate attorneys we've actually closed transactions with.
What if several heirs disagree about selling?
The personal representative — not the heirs individually — controls the sale of estate property, subject to the will and the court. Disagreements are best resolved early with the attorney's help; a transparent, documented offer with visible math tends to lower the temperature.
Do you buy houses in probate as-is?
Yes. Condition doesn't matter — we buy as-is, no repairs, no cleanout required. Take the belongings and memories that matter; leave the rest to us. We give families the access and time to do that properly, even after signing.
General information — not legal advice
This page describes Florida's process in plain language so you know what questions to ask. It is not legal advice, and probate has real edge cases — homestead, creditor claims, disputes — where a Florida probate attorney is the right call. We work alongside estate attorneys, never around them.
Free conversation. No obligation. We'll tell you what we see — including when the answer is "you don't need us."
AL Cakici · Owner, Tampete Homes LLC
AL buys houses in Pinellas County for his own account and has personally purchased and assisted with 100+ transactions over 10+ years across the country. He is not an attorney; this article is general information drawn from the Florida Statutes and county sources linked in the text, not legal advice. Facts checked against those sources on September 5, 2026.