Florida Probate in 60 Seconds
When someone dies in Florida owning a house in their name alone, the home typically must pass through probate before it can be sold. Probate is the court process that transfers title from the deceased person to the heirs (or to a buyer if the personal representative sells the property to settle the estate).
In Miami-Dade, probate usually runs 4–8 months for a formal administration. Summary administration is faster (often 60–90 days) and is available when the estate is small or the death occurred more than 2 years ago.
When You Can Sell During Probate
You can typically sell a Homestead probate property once the personal representative (executor) has been appointed by the court via Letters of Administration. With those Letters in hand, the personal representative has authority to sign a purchase agreement and (with court approval, depending on the will and the type of administration) transfer title.
- Letters of Administration — court order naming the personal representative
- Will (if there is one) — establishes who inherits and who has authority
- Petition for sale — sometimes required to authorize the sale
- Death certificate — needed at title for the deed
- Estate tax ID (EIN) — needed for proceeds wiring
How a Probate Cash Sale Works in Homestead
Probate attorney files for and receives Letters of Administration.
Personal representative signs our cash purchase agreement (subject to court approval if required).
The Miami-Dade title company runs title and confirms heirs and any estate creditors.
Court approval is obtained if needed (often a few weeks).
Closing happens at the title company; proceeds go to the estate account.
The probate attorney distributes proceeds per the will or Florida intestacy law.
Why Cash Sales Help Probate Estates
- Faster closing means fewer months of carrying costs (taxes, insurance, lawn)
- No buyer financing means no risk of the deal collapsing during probate
- Cash buyers accept inherited Homestead homes in any condition
- Out-of-state heirs don't have to coordinate showings or repairs
- Estate proceeds settle faster, accelerating final distribution
What If There's No Will?
If your Homestead family member died without a will (intestate), Florida intestacy law determines the heirs and the personal representative. The probate process is essentially the same; the property still must go through probate before it can be sold and distributed. We've worked with many intestate Homestead estates and our title company is familiar with the documentation.
Need to talk through your specific Homestead probate situation? Visit our inherited house service page or contact us.
Helping Homestead homeowners sell fast.
No repairs. No commissions. Close in days, not months.