Do I have to go through probate to sell an inherited house in Florida?
In most cases, yes. Unless the house passed by a survivorship deed, a lady bird deed, or a fully funded trust, a probate case has to open in the county Circuit Court before you or your co-heirs hold clear legal title. Escambia and Santa Rosa County estates fall under the First Judicial Circuit, with the probate office at 190 West Government Street in downtown Pensacola.
The court appoints a personal representative, Florida's term for what other states call an executor, and that person gets legal authority to sign closing documents once Letters of Administration are issued. Until then, a title company will not insure a sale.
- Most Escambia and Santa Rosa heirs need either formal or summary administration before they can close on a sale.
- Summary administration is faster and available for smaller estates or older deaths.
- Homestead property has separate rules that can work in the heirs' favor.
- Multiple heirs who disagree usually resolve it through a buyout or a court-ordered partition, not a stalemate.
What's the difference between formal and summary administration in Florida?
Formal administration is the full probate process: the court appoints a personal representative, creditors get a notice period, and an inventory and accounting are filed before the estate closes. Summary administration skips most of that and can wrap up in weeks instead of months, but it is only available under specific conditions set out in Florida Statutes section 735.201.
A house can go through summary administration when the probate estate is valued at $75,000 or less for a death before July 1, 2026, or when the person has been dead for more than two years, regardless of estate size. Under Chapter 2026-57, Laws of Florida (CS/HB 1337), that dollar threshold doubles to $150,000 for deaths on or after July 1, 2026. Homestead property is not counted toward the limit either way.
| Formal administration | Summary administration |
|---|---|
| Court appoints a personal representative | No personal representative required in most cases |
| Formal creditor notice period, roughly 3 months | No mandatory creditor claims period |
| Full inventory and final accounting filed | No accounting required |
| Typically 6 to 12 months, longer if contested | Often 4 to 8 weeks once filed |
| Required for most estates over the statutory cap | Estate under $75,000 (or $150,000 for deaths after 7/1/2026), or death over 2 years ago |
Florida's summary administration ceiling jumped from $75,000 to $150,000 for deaths on or after July 1, 2026, under CS/HB 1337, roughly doubling how many Escambia and Santa Rosa estates now qualify for the faster process.
How long does Florida probate take before I can sell?
Formal administration commonly runs 6 to 12 months from the day the petition is filed to the day the estate closes, and longer if there's a will contest, an heir who can't be located, or a dispute over the personal representative. Summary administration, when the estate qualifies, can produce a signed order in a matter of weeks.
You do not always have to wait for the entire estate to close before you sell the house. Once a personal representative has Letters of Administration, or once a summary administration order is entered, the house itself can usually go under contract, with the closing timed to when clear title is available.
Timing matters more when heirs live out of the area. A lot of families around here have someone stationed at NAS Pensacola or scattered around the country, and coordinating signatures on a probate timeline from Gulf Breeze, Milton, or a duty station out of state adds its own delay. Building in a few extra weeks for mail, notarization, and travel keeps everyone's expectations realistic.
What if multiple heirs can't agree on selling the house?
When a house passes to more than one heir, whether siblings, cousins, or a mix of both, they become tenants in common, each owning an undivided share of the same property. Any one of them can petition the circuit court for a partition, which can eventually force a sale even if the others object.
Most families never get that far. It's more common for one heir to buy out the others' shares, or for everyone to agree to list the house and split the proceeds by their ownership percentage once probate clears. A short conversation up front, with numbers on paper, usually saves months of back and forth.
If even one heir wants to sell and the rest are undecided, get the house appraised or priced first. A real number on the table moves stalled conversations faster than another round of opinions.
Does homestead status change how I inherit the house?
Yes, and often in the heirs' favor. Under Article X, Section 4 of the Florida Constitution, a qualifying homestead is protected from forced sale by most creditors of the estate, and that protection attaches automatically at death. The personal representative generally has no authority to sell homestead property to pay estate debts.
That protection does not erase a mortgage, unpaid property taxes, or a contractor's lien for repairs on the home itself, those still attach. If the will specifically directs the personal representative to sell the homestead, the sale can proceed, but the proceeds lose the constitutional protection once they change form. The Escambia County Property Appraiser's office can confirm whether the homestead exemption was active on the property at the time of death.
What happens to the Save Our Homes cap?
The 3% annual cap on assessed value increases resets when the property changes ownership through inheritance, so the new owner's tax bill can jump closer to market value the year after the transfer. It's worth budgeting for before you decide whether to hold or sell.
What do I need to clear title before selling an inherited Pensacola house?
A title company will want a certified copy of the Letters of Administration or the Order of Summary Administration recorded with the Escambia County Clerk of the Circuit Court, along with a title search covering any old mortgages, judgments, or tax certificates attached to the property. If there are multiple heirs, every owner of record needs to sign the deed, or the buying-out heir needs a recorded quitclaim from the others first.
Older Pensacola and Santa Rosa homes sometimes carry decades of small paperwork gaps, an unrecorded prior deed, a lien from a contractor after Hurricane Sally repairs, or a name misspelled on an old document. None of that is unusual, and a title company or probate attorney can usually resolve it without holding up the sale for long.
Ask your title company two things early: has the probate order been recorded yet, and are there any open liens or judgments tied to the deceased owner's name. Getting answers before you list saves a scramble at closing.
Can I sell an inherited Pensacola house as-is for cash?
Once a personal representative has legal authority, or the summary administration order is in hand, yes, you can sign a purchase agreement and close without repairs, showings, or an agent's commission coming out of the proceeds. That's usually the fastest path when heirs live out of town, disagree about renovations, or just want the estate settled.
We buy houses direct from families going through exactly this, and we hold them long term as rentals rather than flipping them, so our process moves at your pace, not a contractor's schedule. If the house needs a heavy gut renovation, we'll say so honestly, that's not the property we're built to buy. But if it's in solid shape, roughly built in 2002 or later with a roof that's sound or close to it, bring us your best offer and we will try to beat it. Working with us directly also means skipping the markup a wholesaler adds when they flip your contract to another buyer.
Start by telling us about the property and where probate stands on our inherited house page, or see the full process on how it works. There's no cost or obligation to get a number.
Pensacola sellers also ask
Do I need a lawyer to sell an inherited house in Florida?
You are not legally required to hire one for summary administration, but most families use a probate attorney for formal administration or when there is a mortgage, multiple heirs, or a title issue. A short consult can save weeks of delay.
What happens if the inherited house still has a mortgage?
The mortgage stays with the property through probate and has to be paid off or assumed at closing. The estate or the heirs are not personally liable beyond the property itself unless they co-signed the loan.
Can I sell my share of an inherited house if my siblings won't sell?
You can sell or transfer your undivided share to a co-heir or another buyer, or petition the circuit court for a partition to force a sale. Most families settle it with a buyout before it reaches that point.
Want a fair cash offer on your Pensacola home?
Tell us about the property. If it is in good shape and you need to sell fast, we will make you a straightforward offer. If we are not the right buyer, we will point you to someone who is.