Last updated September 2, 2026
The Florida Probate Process, Stage by Stage
Short answer: A Florida probate involving real property runs through six stages: document gathering, petition, appointment of the personal representative, the three-month creditor notice period, sale and resolution of claims, then final accounting and distribution.
The property can usually be listed once letters of administration are issued and the authority to sell is established — either by a power of sale in the will, or by court order where the will does not grant one.
Informational purposes only. This is not legal advice and no attorney-client relationship is created by reading it. PBP Real Estate, LLC is a licensed Florida real estate brokerage (License CQ1064615), not a law firm. Ask a Florida probate attorney about the estate and a CPA about anything to do with money or tax.
The sequence, and where the property fits
| Stage | What happens | What can be done with the property |
|---|---|---|
| 1. Death and documents | Locate the original will, order certified death certificates, secure the home and confirm insurance is in force. | Secure, insure, assess condition. Nothing can be signed for the estate yet. |
| 2. Petition filed | The attorney files the petition for administration in the circuit court of the county where the decedent was domiciled. | Clear-out, repairs, photography and a written opinion of value can all proceed. |
| 3. Personal representative appointed | The court issues letters of administration. | Listing and marketing can begin, once the authority to sell is established. |
| 4. Creditor notice period | A three-month notice period runs from first publication. | The property can be listed, shown and go under contract during this period. |
| 5. Sale closes, claims resolved | Proceeds are held by the estate while valid claims are settled. | Closing happens here. Distribution normally waits. |
| 6. Final accounting and distribution | The estate accounts to the court and distributes what remains. | Done. |
The one line in the will that changes the timeline
Whether the personal representative needs a court order to sell the house turns on whether the will confers a power of sale. Where it does, section 733.612 of the Florida Statutes generally allows the sale of estate real property without a separate court order. Where it does not — or where there is no will at all — section 733.613 requires court authorization. In practice this is often the difference between listing within weeks of appointment and waiting months for an order, so it is the first thing to check, and it is a question for the estate's attorney.
What the personal representative is actually responsible for
The title sounds administrative. The duties are not. In broad terms, the personal representative must take control of the estate's assets and protect them, give notice to creditors and to beneficiaries, file an inventory with the court, deal with valid claims and any taxes, account to the court, and distribute what is left. The real estate sits inside that list as an asset to be preserved, valued and usually sold.
Three items cause most of the trouble we see on the property side:
- Insurance on a vacant house. A vacant inherited home in South Florida is both a hurricane exposure and a liability exposure, and many policies restrict cover once a property is unoccupied. Tell the insurer the property is vacant and confirm in writing what is still covered. This belongs in the first thirty days.
- Valuation that will stand up. Heirs, the court and sometimes the tax position all need a defensible figure, and a date-of-death opinion of value is a different exercise from a current-market one. Both should be documented with the comparable sales attached.
- Doing nothing while waiting. The months before appointment are not dead time. Clear-out, repairs, photography and pricing can all be finished so the property goes to market in days, not weeks, once authority exists.
Typical durations
Formal administration in Palm Beach County commonly runs nine to eighteen months; summary administration commonly one to three. The creditor notice period is three months from first publication. See how long probate takes in Palm Beach County for what actually consumes the time, and whether the estate qualifies for the faster route.
Related
- Probate real estate in South Florida — the full guide, including homestead, taxes and a first-thirty-days checklist
- Do I qualify for summary administration?
- How long probate takes in Palm Beach County
- Selling an inherited house in Palm Beach County
- For probate and estate attorneys
Questions about a specific estate? Contact us or call Grant and Gia Freer at 561-395-8418.
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The Florida probate process: questions and answers
Can a personal representative sell real estate without a court order in Florida?
It depends on the will. Where the will confers a power of sale, the personal representative can generally sell estate real property without a separate court order under section 733.612. Where the will does not confer that power, or the person died without a will, section 733.613 requires court authorization to sell. This single line in the will is often the difference between listing in weeks and listing in months, so it is the first document to look at.
At what stage of probate can the house be listed for sale?
Realistically, once letters of administration have been issued and the personal representative's authority to sell is established, either by a power of sale in the will or by court order. Everything that does not require signing authority can be done before that: cleaning out, repairs, photography, a written opinion of value and a pricing strategy. That preparation is why some estates go under contract within weeks of appointment and others take months.
Can the property go under contract during the creditor claim period?
Yes. The three-month creditor notice period does not freeze the property. A property can be listed, shown and put under contract during it. What the estate usually cannot do is distribute the proceeds to beneficiaries until claims are resolved, so the sale can complete while the money waits.
What does the personal representative actually have to do?
In broad terms: take control of the estate's assets and protect them, including keeping insurance in force on the property; give notice to creditors and beneficiaries; file an inventory with the court; deal with valid claims and taxes; account to the court; and distribute what remains. The real estate sits inside that list as an asset to be preserved, valued and, usually, sold.
Who keeps insurance on an inherited house during probate?
The estate does, through the personal representative, and this is the item most often missed. A vacant inherited home in South Florida is both a hurricane and a liability exposure, and many policies restrict cover once a property is unoccupied. Notifying the insurer that the property is vacant, and confirming what is still covered, belongs in the first thirty days, not later.
How long does each stage of Florida probate take?
Filing to appointment of a personal representative commonly runs a few weeks to a couple of months. The creditor notice period runs three months from first publication. Formal administration overall typically takes nine to eighteen months in Palm Beach County, while summary administration commonly closes in one to three months.
Families we have helped through an estate sale
PBP Real Estate holds 96 Google reviews at an average of 5.0 out of 5. Every quote below is a verbatim excerpt from a public review on that profile, shortened only where marked.
Gia and John from PBP Real Estate exceeded expectations in selling my mother's Delray Beach condo, which had previously failed to sell with another firm. Despite being in New York, I experienced excellent communication and responsiveness via phone, text, and email, making the remote process, including the closing, stress-free.
★★★★★ Robert S. · Google review, December 2024
I needed to sell my mothers home from out of state and Gia made the whole process very easy. She helped me getting the right people to get the house emptied and cleaned.
★★★★★ Roger D. · Google review, December 2024
We live in Ohio and had to sell a home in South Florida that needed a lot of work. She is extremely knowledgable and very helpful when it came to what should be done and what could be left alone to get us the most profit. Gia has a large network of reliable contractors.
★★★★★ A Google reviewer · Google review, April 2020
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