Can I Sell a House Before Probate Ends in Florida?

By Sylvain DuPont, Licensed Real Estate Broker · DuPont LLC · Serving Sarasota and Charlotte Counties

This is one of the most common questions families face after losing a loved one in Florida. The answer depends on how the property was titled and what type of probate is involved.

Properties That Can Skip Probate

If the home was held in a revocable living trust, as joint tenants with right of survivorship, or with a lady bird deed, the property passes outside of probate entirely. The surviving owner or trustee can sell immediately.

Properties That Require Probate

If the home was titled solely in the deceased's name with no beneficiary designation, it must go through probate before it can be sold. In Florida this means either summary administration or formal administration depending on estate size.

Starting the Sale Process Early

Even if the property cannot close until probate ends, you can begin the sale process including receiving offers and entering into a purchase contract while probate is ongoing. DuPont LLC can make a cash offer now and coordinate the closing for when authority to sell is granted.

Working with a Probate Attorney

DuPont LLC works alongside probate attorneys in Sarasota and Charlotte Counties to coordinate the real estate sale with the probate timeline. We can recommend experienced local attorneys if needed.

Frequently Asked Questions