Which probate route applies
Summary administration is the shorter path. It is available where the value of the probate estate, excluding exempt property, is $75,000 or less, or where the decedent died two or more years ago. No personal representative is appointed in the usual sense, and it moves considerably faster.
Formal administration covers everything else and is the more common route for a house with a mortgage and creditors. The court appoints a personal representative who receives letters of administration and can then convey the property. In Florida a personal representative is generally required to be represented by an attorney.
The homestead devise trap
Florida's constitution restricts how a homestead can be devised when the owner is survived by a spouse or a minor child. A will leaving the homestead to someone else may not control, and the property can pass by operation of law instead — often to the spouse for life with a remainder to the descendants, depending on the circumstances.
That changes who has to sign the deed. It is one of the more common reasons a Florida estate sale stalls, and it is not something to guess at. If a spouse or minor child survived the owner, raise homestead devise with a Florida probate attorney before anything is signed.
The house as you found it
Inherited Florida houses are rarely sale-ready. A 1960s block house with original jalousie windows, cast iron drains, a panel no insurer likes, and a roof past its life. Or a condo in a building that has just levied an assessment. Or a house holding forty years of belongings.
You do not need to sort, donate, haul, clean, or repair anything. Take what matters to the family and leave the rest. A conventional listing would mean a cleanout and a make-ready funded by the estate before any money arrives, coordinated by whichever relative lives closest — frequently one who lives out of state.
The insurance problem nobody expects
This is the Florida-specific risk. Most homeowner's policies restrict or exclude coverage once a property has been unoccupied for a set period, and an inherited house is unoccupied by definition. A vacant Florida house hit by a storm, flooded by a failed supply line, or growing mould in the humidity may not be covered at all.
Meanwhile the homestead exemption and the Save Our Homes cap that kept the deceased owner's tax bill low both end, so the assessment resets toward market value. Add utilities, lawn care, and any association assessments, and the estate is spending real money every month the house sits.
Frequently asked questions
Can I sell an inherited Florida house before probate is finished?
Often yes. A contract can be signed while administration is pending, with closing after the personal representative has authority. The closing agent sets what it needs.
How fast can you sell an inherited house in Florida?
Where title is already clear, at the speed of the title and lien search — frequently a few weeks. Summary administration is faster than formal; if probate has not been opened, the court's timeline controls.
What is summary administration?
Florida's shorter probate route, available where the probate estate excluding exempt property is $75,000 or less, or the owner died two or more years ago.
Do I have to clean the house out?
No. Take what the family wants and leave everything else.
The will left us the house but there is a surviving spouse. Is that a problem?
Possibly. Florida's constitutional homestead devise restrictions can override a will where a spouse or minor child survives. Ask a Florida probate attorney before signing.
Is the house still insured?
Often not properly. Most policies restrict coverage once a property is unoccupied, which is a reason to act rather than wait.
This page is general information about selling property in Florida, not legal, tax, or financial advice. Laws change and every situation is different, so talk with a qualified Florida professional about yours.