If you've been named the personal representative of an estate, the home is now your responsibility to manage, protect, and ultimately keep, rent, or sell — and there are deadlines that start almost immediately.
This guide breaks down what probate real estate actually means in Florida, what your role as personal representative involves, and the first steps you should take when a property lands in probate in Boca Raton, Palm Beach County, or anywhere in the state.
Key Takeaways
- Probate is the court-supervised process of settling a deceased person's estate, including real estate.
- Florida has two main paths: formal administration and summary administration.
- The will should be deposited with the court clerk within 10 days of learning of the death.
- Once you're appointed, an inventory of estate assets is generally due within 60 days.
- You usually need legal authority — and sometimes a court order — before you can sell the home.
What "probate real estate" means
When a Florida homeowner dies, their property doesn't automatically transfer to their heirs. If the home was owned in the deceased person's name alone (and wasn't held in a trust, jointly with rights of survivorship, or with a transfer-on-death arrangement), it typically has to pass through probate. The court confirms who is in charge, makes sure debts and taxes are addressed, and authorizes the property to be distributed or sold. Real estate that moves through this process is what people mean by "probate property."
Formal vs. summary administration in Florida
Florida offers two primary probate paths, and which one applies affects how quickly you can deal with the house.
Summary administration
This is the faster, simpler route. It's generally available when the value of the estate subject to probate (minus property exempt from creditors' claims) is $75,000 or less, or when the person has been deceased for more than two years. Summary administration doesn't appoint a personal representative in the traditional sense, and it can resolve in a matter of weeks once filed.
Formal administration
This is the standard process for larger or more complex estates. The court appoints a personal representative, issues Letters of Administration (your proof of authority), and the estate stays open while creditors are notified and claims are resolved. Formal administration commonly takes six to twelve months — sometimes longer.
What a personal representative actually does
As personal representative (Florida's term for an executor or administrator), you have a fiduciary duty to act in the best interest of the estate and its beneficiaries. With respect to the real estate, that generally includes:
- Securing and maintaining the property — insurance, utilities, lawn care, and protecting it from damage or theft.
- Establishing value — often through a professional appraisal or a real estate broker's opinion of value.
- Keeping the estate's interests separate from your own — no using estate assets for personal benefit.
- Filing the inventory — a list of estate assets, generally due within 60 days of your appointment.
- Deciding the property's future — with the beneficiaries' interests and the will's instructions in mind.
Florida Probate Home Sale Checklist
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The early deadlines that matter
Probate has a few clocks that start early, which is why it pays to move deliberately from day one:
- Within 10 days: Whoever holds the original will should deposit it with the clerk of court in the county where the person lived.
- Within 60 days of appointment: The personal representative generally must file an inventory of the estate's assets, including the real estate's value.
- Creditor period: After a notice to creditors is published, creditors typically have three months to file claims — and the estate usually can't fully close until that window runs.
What happens to the house?
Once you have authority, you generally have three options: keep it (transfer to an heir), rent it, or sell it. Each has financial and tax consequences — including Florida's homestead rules and the federal "stepped-up basis," which can dramatically reduce capital gains tax when an inherited home is sold. We cover that decision in detail in our guide on whether to sell, rent, or keep an inherited Florida house.
Why partner with a probate real estate specialist?
Selling a probate property involves complex disclosures, court timelines, valuations, and coordination with the estate attorney. A specialized agent understands how to navigate court confirmations, communicate effectively with the personal representative and heirs, and market the property to achieve the highest possible return for the beneficiaries — while keeping the process calm and discreet during a difficult time.
This article is for general educational purposes and is not legal or tax advice. Probate rules vary by situation and change over time. Aubreigh Hutchison is a licensed Florida real estate professional, not an attorney or CPA. Always consult a qualified Florida probate attorney and tax advisor about your specific circumstances.
