Do I Need Probate to Sell My Parents' House in Florida?

Usually yes - but not always, and in 2026 the shortcut got significantly wider. If your parent owned the Florida home in their name alone and left no survivorship deed, no enhanced life estate ("lady bird") deed, and no trust holding title, some form of probate is normally required before clear title can pass to a buyer. If the home was held jointly with rights of survivorship, in a trust, or under a lady bird deed, it generally passes outside probate and can be sold without opening an estate. Between those two extremes sits summary administration - the streamlined path - and as of July 1, 2026 it applies to far more Florida estates than it used to.

Why title, not sentiment, decides this

A buyer's title insurance underwriter has one question: can the person signing the deed legally convey the property? Until an heir has authority - either through a probate court or through a deed or trust that already transferred it - no title company will insure the sale, and no lender will fund it. This is why an inherited house sometimes sits for months: the family agreed on selling long before anyone had the legal authority to sign.

When you do NOT need probate

• Joint ownership with rights of survivorship, or a tenancy by the entireties between spouses. Title passes to the survivor automatically; a certified death certificate is recorded and the survivor sells normally.
• Enhanced life estate (lady bird) deed. Florida allows a deed that keeps full control during life and passes the property to named remainder beneficiaries at death, outside probate.
• The home is titled in a revocable living trust. The successor trustee sells under the trust's terms.
• A recorded life estate with named remaindermen.
• Disposition without administration applies to limited personal property situations, not to real estate; the 2026 legislation raised that threshold for nonexempt personal property from $10,000 to $20,000.

If any of these apply, your work is a title review and a marketing plan, not a court filing. Have the deed pulled and read before assuming anything - families are often wrong about how a house was titled.

What changed on July 1, 2026

Chapter 2026-57, Laws of Florida, took effect July 1, 2026, and the Florida Supreme Court amended the Florida Probate Rules to match:

• Summary administration now covers estates valued up to $150,000 (less property exempt from creditors' claims), raised from $75,000 under amended Rule 5.530(a)(7).
• Disposition without administration for nonexempt personal property rose from $10,000 to $20,000 under amended Rules 5.425(a)(2)(C) and 5.425(b)(3).
• Proceedings to enforce a personal representative's authority under Section 733.612, Florida Statutes, are now classified as adversary proceedings under new Rule 5.025(a)(14).

The other, older route into summary administration is unchanged and widely missed: if the decedent has been dead more than two years, the estate can qualify regardless of value, because Section 733.710 imposes an absolute two-year bar on creditor claims. Families who inherited a house years ago and left it alone often qualify for the simpler path today.

Note the practical limit for South Florida: the value test is measured on the estate subject to administration in Florida, and Palm Beach County real estate is expensive. The county's median single-family sale price was $700,000 in June 2026 (BeachesMLS/Florida Realtors). A single unencumbered house is frequently over the threshold - unless the two-year rule applies, or unless the home qualifies as protected homestead, which is treated separately from the estate assets subject to administration.

Formal administration: what it actually means for a sale

For most estates holding a Palm Beach County home, the path is formal administration: the court appoints a personal representative and issues Letters of Administration, which is the document the title company will require.

From there, the authority to sell comes from one of two places:

• A will granting a power of sale. Under Section 733.613(2), Florida Statutes, where the will confers a specific power to sell real property or a general power to sell any estate asset, the personal representative may sell without separate court authorization or confirmation, and the buyer takes title free of estate creditors' claims and beneficiaries' entitlements, except existing mortgages and liens.
• No will, or a will without that power. Under Section 733.613(1), the personal representative may still sell at public or private sale, but no title passes until the court authorizes or confirms the sale. This is the difference between a 45-day closing and a 90-day one, and it needs to be identified before the property is marketed - not during a contract.

Florida homestead property carries its own rules on descent and creditor protection, and it can require additional court steps. That is a question for the estate's attorney at the outset.

What you can do while probate is pending

Probate does not mean the property sits idle. In parallel, you can and should:

• Secure and insure the property. Tell the insurer the home is vacant and get a vacancy endorsement in writing. Vacant, uninsured inherited homes are the single most common preventable loss we see.
• Keep utilities and air conditioning running. A closed-up South Florida house grows mold fast.
• Get a valuation as of the date of death. It matters for the estate accounting and for the heirs' cost basis. This is not the same number as today's list price.
• Sort contents and access. Locks, keys, mail forwarding, association notice, and the cleanout schedule.
• Prepare the marketing so the home can list the week Letters are issued.

We walk through the full sequence in selling an inherited house in Palm Beach County, and our probate resources are collected at probate real estate in South Florida.

When heirs disagree

Multiple children, one house, different opinions. Two facts usually settle it: an independent valuation and a written net-proceeds breakdown. Selling as-is is common in estate sales, and it is often the right call - see can I sell my house as-is in Florida. If one heir wants to keep the property, they can buy out the others, but the estate still needs a defensible value for that transaction, which is where a formal opinion of value matters more than an online estimate.

Working with PBP

Gia Freer is broker/owner of PBP Real Estate, LLC (license CQ1064615), licensed in Florida for more than 20 years, and probate and inherited property is her specialty. We coordinate with the family's probate attorney, prepare the property and the documentation while the estate is pending, and time the listing to the court calendar so nothing waits on the other.

If you have just inherited a Florida home and do not know where you stand, start with a conversation - 561-395-8418 - or request a property valuation. More on how we list: selling with PBP.

This article explains the real estate side of selling an inherited Florida home. It is not legal or tax advice, and it does not create an attorney-client relationship. Probate procedure, homestead status, and creditor claims depend on specific facts - retain a Florida probate attorney for your estate.

Probate and Inherited Home Questions and Answers

Do I need probate to sell my parents' house in Florida?

If the home was titled in your parent's name alone with no survivorship deed, lady bird deed, or trust, then yes - some form of probate is required before a title company will insure a sale. If the property was held jointly with rights of survivorship, in a trust, or under an enhanced life estate deed, it passes outside probate and can be sold without opening an estate.

What is the summary administration limit in Florida in 2026?

As of July 1, 2026, summary administration covers estates valued at $150,000 or less, less property exempt from creditors' claims - raised from $75,000 by chapter 2026-57, Laws of Florida, and reflected in amended Florida Probate Rule 5.530(a)(7).

Can an estate use summary administration if the house is worth more than the limit?

Yes, if the decedent has been dead more than two years. Florida's two-year absolute bar on creditor claims under Section 733.710 provides an alternative route into summary administration regardless of value.

Does a personal representative need a court order to sell Florida real estate?

It depends on the will. Under Section 733.613(2), a will granting a specific power to sell real property or a general power of sale allows the personal representative to sell without court authorization. Without that power, or in an intestate estate, Section 733.613(1) provides that no title passes until the court authorizes or confirms the sale.

How long does Florida probate take before we can close?

Summary administration can be completed in a matter of weeks when the petition is unopposed. Formal administration commonly runs several months, though a sale can often close once Letters of Administration are issued and, where required, the sale is authorized. Your probate attorney sets the realistic timeline.

Should we clean out or renovate the house first?

Clean out and secure it - always. Renovate rarely. Most estate sales in Palm Beach County perform best as documented as-is listings, because heirs seldom agree on renovation spending and the buyer pool for dated homes here is deep and largely cash.