Probate Process in Florida: Selling a Probate House

When a family member passes away and leaves a home in Lakeland or elsewhere in Polk County, the house still needs care and its bills keep arriving while the family works through the estate. This guide explains how Florida probate generally works, who can sell the house and when, and how to manage the property while the case is open.

What Probate Is and Where It Happens

Probate is the court-supervised process of identifying and gathering a deceased person's assets, paying valid debts, and distributing what remains. In Polk County, probate cases are handled through the Clerk of the Circuit Court at the courthouse in Bartow, and a judge oversees the case. If there is a valid will, Florida law generally requires whoever holds the original to file it with the Clerk within ten days after learning of the death. Without a will, Florida's intestacy laws determine the heirs.

Summary Administration vs. Formal Administration

• Summary Administration is a simplified procedure that may be available for smaller estates (measured after excluding property that is exempt from creditors' claims) or when the decedent died more than two years ago. A court proceeding is still involved, and the court may issue an order distributing the estate's assets.
• Formal Administration is the more comprehensive process used when an estate does not qualify for Summary Administration or when it is otherwise appropriate. It generally involves appointing a Personal Representative, identifying and protecting assets, giving notice to creditors, paying valid expenses and debts, administering or selling real property, and distributing what remains to beneficiaries.

For a property owner, the key questions are who has authority to sell, what the estate must do first, and what the house costs while it waits. A probate attorney and title professional can answer those.

Homestead Rules

Under Article X, Section 4 of the Florida Constitution, a primary residence may qualify as protected homestead. Protected homestead can be shielded from most creditor claims (though not from the mortgage or property tax liens), and special rules govern how it passes to heirs; it often passes by operation of law rather than as an ordinary estate asset. The court may confirm this status through an Order Determining Homestead.

Title can also be clouded when an earlier generation's probate was never completed, which can stop a sale, so have title checked early.

Selling the House While Probate Is Open

Probate often does not have to be finished before a sale. Once the court issues Letters of Administration, the Personal Representative may have authority to sell estate real estate. Under Section 733.613, Florida Statutes, a Personal Representative generally may sell without a court order when the will grants a power of sale; otherwise, the attorney typically petitions the court for an order authorizing the sale. Homestead property can follow different rules, so confirm the path with your attorney.

A contract can often be signed before the estate closes. Proceeds typically go into the estate account, valid creditor claims are addressed through the Notice to Creditors process, and the remainder goes to the heirs.

If you live out of state, you may still be able to serve as Personal Representative, but Florida law generally requires a non-resident to be a close relative of the decedent.

Property Taxes Keep Running

Probate does not pause property taxes. Florida property is assessed as of January 1, tax bills are generally mailed in November, and taxes are due by March 31 of the following year, becoming delinquent on April 1. Unpaid taxes can lead to tax certificates being sold against the property. If the home had a homestead exemption, some homestead and Save Our Homes benefits may continue through the current tax year, but they do not automatically transfer to heirs, and a change in ownership can affect future assessments.

Caring for a Vacant Property

An empty house in Central Florida needs lawn, pool, and pest service, HVAC running to limit humidity and mold, and regular plumbing, roof, and security checks. Leaks or storm damage can go unnoticed when nobody lives there. Overgrown yards can also draw code-enforcement attention from Lakeland or Winter Haven, which may need to be addressed before a sale.

• Insurance: A vacant home may be treated differently from an occupied primary residence, and many policies have vacancy terms. Call the carrier early and confirm the coverage.
• Hurricane season: Hurricane season runs June 1 through November 30. A vacant property may need extra preparation before a storm and a check afterward.
• Mortgage: If payments stopped after the death, the lender may begin foreclosure. Florida is a judicial foreclosure state, so that process runs through the court, but missed payments still add costs to the estate.
• Carrying costs: Insurance, utilities, HOA dues, and upkeep accrue every month the house stays in the estate.

Repairs, Cleanouts, and Multiple Heirs

Inherited homes often have deferred maintenance such as aging roofs, older electrical or HVAC systems, or water damage. A repair does not automatically add equal value, so compare the home's likely value after repairs with its value as-is before spending estate funds.

Cleaning out decades of belongings can be slow, especially when heirs live in different states, and when several heirs share an interest, decisions about repairs, listing, or an offer may require agreement.

Even in an as-is sale, Florida sellers must disclose known facts that materially affect value and are not readily observable to a buyer.

Weighing Your Options

There is no single right answer. Before deciding whether to repair, rent, list, or sell as-is, it helps to know:

1. The property's current condition and potential market value
2. The estimated cost of necessary repairs
3. The monthly carrying costs
4. The family's preferred timeline
5. Any probate or title requirements that affect the sale

Listing with a licensed real estate agent is one option. A direct sale to an investor is another. Tavera Legacy Investments is a local, veteran-owned company that reviews houses for potential direct purchase once the Personal Representative has authority to sell. We are the company publishing this guide, so compare any offer with your estimated net from a listing. Timing depends on title, due diligence, and agreed terms, as well as the probate case. When a sale is the goal, our guide to selling an inherited house in Lakeland during probate explains how the two timelines overlap.

Tavera Legacy Investments LLC does not provide legal or tax advice. Consult a qualified Florida probate attorney and a CPA about how Florida homestead laws, probate procedures, and property tax rules apply to your situation.

Frequently asked questions

Do I have to use the proceeds of the house sale to pay off the decedent’s credit card debt?

Not necessarily. If the house was the decedent's primary residence, it may qualify as protected homestead under Article X, Section 4 of the Florida Constitution. Protected homestead often passes to heirs by operation of law rather than as an ordinary estate asset, which can shield it from general creditors, though not from the mortgage or property tax liens. Ask a Florida probate attorney to confirm the homestead status of your specific property.

Can I sell a Lakeland house if I live out of state and the owner passed away here?

Often, yes. You do not necessarily have to live in Florida to serve as the Personal Representative, but Florida law generally requires a non-resident Personal Representative to be a close relative of the decedent. The case is handled through the Polk County Clerk of the Circuit Court in Bartow, and your attorney can tell you what can be handled remotely. Many out-of-state heirs arrange for someone local to check on the house, handle upkeep, and coordinate access while the case moves forward.

What happens if the estate doesn't have the cash to pay the property taxes?

The property stays on the normal tax cycle during probate: it is assessed as of January 1, bills are generally mailed in November, and taxes become delinquent if unpaid after March 31. Unpaid taxes can lead to tax certificates being sold against the property and, eventually, a tax deed application. If the estate lacks cash, talk with the probate attorney about options, which may include selling the property once the Personal Representative has authority to do so.

Am I responsible for repairs if I've never lived in the house?

Florida sellers generally must disclose known facts that materially affect the property's value and are not readily observable to a buyer. If you are selling an inherited home you have not lived in, you may not know the condition of the roof or plumbing. Selling as-is is common in probate, but you must still be honest about any issues you are aware of. Ask the estate's attorney how disclosure applies to a Personal Representative.

Does the process change if there was no will?

If there is a valid will, Florida law generally requires whoever holds the original to file it with the Clerk of the Circuit Court within ten days after learning of the death. If there is no will, Florida's intestacy laws determine the heirs. Either way, the court in Bartow generally oversees how the real estate passes so that clear title can be conveyed to a buyer.