Probate Real Estate in South Florida
We Handle the Details. You Focus on What Matters.

Immediate Steps (First 30 Days)

Formal Administration

This is the standard, full probate process under Florida law, governed by Chapter 733 of the Florida Statutes. It is required when the estate assets exceed $150,000 (excluding exempt property) or when the decedent has been dead for less than two years. The $150,000 ceiling took effect July 1, 2026 under chapter 2026-57, Laws of Florida, which raised it from $75,000.

A personal representative is appointed by the court and issued Letters of Administration, which is the legal document that authorizes them to act on behalf of the estate — including signing a listing agreement or a contract of sale for real property. Creditors are formally notified, claims are reviewed, and assets are distributed under court supervision.

Summary Administration

Summary Administration is a streamlined option available when either (a) the total value of the estate subject to probate is $150,000 or less (excluding exempt property such as homestead), or (b) the decedent has been deceased for more than two years. There is no personal representative appointed; instead, the court issues an Order of Summary Administration directing that assets be distributed directly to the beneficiaries.

For real estate, the Order of Summary Administration — once recorded in the county property records — serves as the legal authority allowing title to pass to the heirs. This is a faster, less expensive process, but it still requires a Florida-licensed attorney to prepare and file the petition.

Disposition Without Administration

This is the simplest option and is available only in very limited circumstances: when the estate consists entirely of exempt property (such as personal property exempt under Florida law) or when the only asset is exempt property and funeral/medical expenses need to be paid. No real estate can pass through this process.

Out-of-State Heirs

Many South Florida estates involve heirs living in the Northeast, Midwest, or abroad who inherited property from snowbird parents. Managing decisions, communication, and signatures across time zones and states adds real complexity. We coordinate remotely and can facilitate everything electronically so heirs don't need to travel for every step.

Condominium & HOA Transfers

South Florida is heavily concentrated with condominiums. Most condo associations have right-of-first-refusal clauses and require board approval for any transfer. Some associations can delay or block a sale for months. We know how to navigate these requirements early in the process so they do not derail a closing.

Hurricane Insurance on Inherited Homes

Florida's property insurance market is among the most volatile in the country. When an estate property sits unoccupied for weeks or months, the existing policy may be voided — leaving the estate exposed. We advise notifying the insurer immediately and reviewing coverage. Wind and flood insurance are separate policies in most of South Florida and need independent attention.

Property Tax Reassessment

When real property transfers through an estate to non-spouse heirs, the Save Our Homes cap is removed and the property is reassessed at current market value. In a county like Palm Beach — where home values have risen dramatically in recent years — this can mean a significant jump in property taxes for whoever inherits and keeps the property. We factor this into our conversations about whether to sell or hold.

Ancillary Administration for Out-of-State Decedents

If the decedent lived in another state but owned real estate in Florida, a separate Florida probate proceeding called Ancillary Administration is required to transfer that property. This is separate from the probate in the decedent's home state. It is more common in South Florida than almost anywhere else in the country — and we regularly assist families working through both simultaneously.

Multiple Heirs Who Disagree

When siblings or other co-heirs cannot agree on whether to sell, hold, or how to divide proceeds, the court can be petitioned for a partition action — a legal process that forces the sale of real property and division of net proceeds. Partition actions are expensive and emotionally draining. We work proactively with all parties to reach agreement, and we provide clear, neutral market data so that disagreements about value don't derail the process.

Q: What is probate, and why does it matter for real estate?

Probate is the legal process by which a deceased person's estate is administered under court supervision. When someone dies owning real property in their name alone, that property typically cannot be sold or transferred without going through some form of probate. The court confirms who has the legal authority to act on behalf of the estate — and that authority is what allows a sale to take place. Without it, title is clouded and no buyer's title insurance company will insure the transaction.

Q: Can the estate sell real property before probate is complete?

In most cases, the personal representative can list and sell the property once Letters of Administration are issued — even before the full probate process concludes. The sale proceeds are held in the estate account until the creditor period closes and all obligations are resolved. However, if the property is homestead, or if beneficiaries or creditors have competing claims, additional court steps may be required before a sale can close. This is exactly why coordinating your real estate agent and probate attorney from the very beginning matters so much.

Q: What happens if there is no will?

When someone dies without a will (called dying "intestate"), Florida's intestacy statute — Chapter 732 of the Florida Statutes — determines who inherits. For most married couples with children, the surviving spouse receives the estate outright. For unmarried decedents, the estate passes to descendants in equal shares. The probate process proceeds the same way as with a will — a personal representative is appointed, assets are inventoried, creditors are notified, and distributions are made — but the court follows statutory rules rather than the decedent's wishes. Real estate in an intestate estate is handled the same way as in a testate (with a will) estate.

Q: Do all assets go through probate?

No. Many assets transfer outside of probate entirely. Life insurance with a named beneficiary, retirement accounts (IRAs, 401(k)s), bank accounts with payable-on-death designations, and real property held in a living trust or with joint tenancy with right of survivorship all pass directly to the named beneficiaries or surviving co-owners — without going through the courts. Only assets titled solely in the decedent's name, without a beneficiary designation, typically require probate. This is why estate planning — particularly for real estate — matters so much before death occurs.

Personal Representative (PR)

The person appointed by the court to administer a Florida estate. Called an "executor" in most other states. The PR has legal authority to gather assets, pay debts, and distribute the estate — including signing contracts to sell real property on behalf of the estate.

Letters of Administration

The court-issued document that officially authorizes the personal representative to act on behalf of the estate. Banks, title companies, and real estate agents require a copy before transacting on estate assets. Letters expire and must remain current throughout the probate process.

Formal Administration

The full probate process in Florida, required when estate assets exceed $150,000 (excluding exempt property) or when the decedent has been dead fewer than two years. Involves court supervision, creditor notification, and a personal representative appointed by the court.

Summary Administration

A simplified Florida probate proceeding available when the estate subject to probate is $150,000 or less, or the decedent has been dead more than two years. No personal representative is appointed; the court issues an Order directing direct distribution to beneficiaries.

Homestead

In Florida, the primary residence of a permanent resident that qualifies for significant constitutional protections, including creditor protection and restrictions on devise (who you can leave it to in your will). Homestead property in probate passes by operation of law — not through the estate — but often requires a court order to clear title for sale.

Testate / Intestate

A person who dies testate left a valid will. A person who dies intestate died without one. When there is no will, Florida's intestacy statute determines who inherits — and the court appoints an administrator to handle the estate.

Ancillary Administration

A secondary probate proceeding opened in Florida when a person who was domiciled in another state dies owning real property in Florida. The primary probate occurs in the decedent's home state; Ancillary Administration handles only the Florida-sited property. Extremely common in South Florida due to the large seasonal resident population.

Step-Up in Basis

A tax concept that resets the cost basis of inherited property to its fair market value on the date of the decedent's death. This eliminates capital gains tax on appreciation that occurred during the decedent's lifetime — one of the most powerful tax advantages of inheriting real estate.

Partition Action

A court action brought by one or more co-owners of real property to force a division or sale of the property when the owners cannot agree. In an estate context, this typically arises when multiple heirs inherit property jointly and cannot reach consensus. Courts in Florida generally favor a sale with division of proceeds rather than physical division of land.

Order Determining Homestead

A court order issued during probate that formally declares a property to be Florida homestead. Once recorded in the county property records, it clears title and allows the heirs to sell the property. Title companies and buyers require this document before insuring or purchasing former homestead estate property.

Fiduciary Duty

The legal obligation of a personal representative to act in the best interests of the estate and its beneficiaries — not their own personal interests. In a real estate context, this means the PR must pursue a fair market price, not sell cheaply to a family member or delay the sale in self-interest.

Save Our Homes Cap

A Florida constitutional provision that limits annual increases in the assessed value of homestead property to 3% or the CPI increase, whichever is lower. This cap does not transfer when a homestead passes through an estate to non-spouse heirs — the property is reassessed at full market value in the year following the transfer.