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The Florida Probate Process Explained for Sellers

6 min read By Mike WallUpdated: September 3, 2026
Educational Purpose Only: The information in this guide is for general educational purposes and does not constitute legal, tax, or financial advice. Every property situation is unique. Please consult with a licensed Florida attorney or professional for advice specific to your circumstances.
Editorial review in progress: This guide framework is live for Mike Wall to add local, first-hand details and confirm legal or process-specific language before promotion. Review markers below identify the sections that still need his input.

What Is Probate in Florida?

Probate is a court-supervised process for identifying and gathering the assets of a deceased person, paying their debts, and distributing their assets to beneficiaries. In Florida, selling a property often requires going through either Formal Administration or Summary Administration, depending on the estate's value and how long it has been since the property owner passed away.

Formal vs. Summary Administration

Florida offers different types of probate. Summary Administration is generally a shorter process available if the deceased has been dead for more than two years or the estate's value subject to probate is low. Formal Administration is the traditional probate process where a personal representative is appointed.

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[NEEDS CONTENT FROM MIKE: Add specific local details about typical probate timelines currently seen in Lee and Collier County courts, and how your team works alongside local probate attorneys.]

Selling a House During Probate

You can sell a house while it is in probate, but specific court approvals are often required before closing. A buyer must understand that timelines can shift based on court schedules. Working with buyers familiar with the Florida probate process can prevent contracts from falling through due to delays.