If you have just inherited a house in Florida, the first question is usually the same one I hear every week: how long is this going to take? Here is the honest answer. In Florida, probate typically takes 6 to 12 months under Formal Administration, or 1 to 3 months under Summary Administration. Which track applies to you depends on the size of the estate and a few key details. I buy houses from personal representatives and heirs across Jacksonville and Northeast Florida, so this guide walks through the timeline the way I explain it to sellers, plainly and in order.
Which probate track applies to you?
Florida runs probate on two main tracks. Formal Administration is the standard process, and it applies when the estate’s nonexempt assets exceed $150,000. Summary Administration is a simplified alternative available when nonexempt assets total $150,000 or less. Certain property types may not count toward that threshold, so the number on paper is not always the final word. There is also a third option called Disposition Without Administration, but it applies only in very limited situations. If you are not sure which track governs your estate, a Florida probate attorney can assess it. I am a home buyer, not an attorney, so I always point sellers to a lawyer for the legal questions.
When is probate required, and when can you skip it?
Probate is required when someone dies owning assets solely in their own name. But several asset types pass outside of probate entirely: property held in joint tenancy with right of survivorship, transfer-on-death deeds, property held in a trust, and accounts with named beneficiaries such as life insurance and retirement accounts. So do bank accounts go through probate in Florida? Only when they are titled solely in the decedent’s name. The question that matters most for sellers is the house itself. If the person who died owned a Jacksonville property in their name alone, probate is required before that property can be sold.
The deadlines that set the clock
Probate is not an open-ended waiting room. The timeline is set by legal deadlines, and each one starts the next phase:
- The original will must be filed with the court clerk within 10 days of learning of the death. This is the starting gun. Missing it delays everything behind it.
- After the court appoints a personal representative, a Notice to Creditors is published in a local newspaper as soon as possible.
- The creditor claim period closes 3 months after first publication.
- The estate inventory must be filed within 60 days of the personal representative’s appointment.
- Assets cannot be distributed until at least 5 months after first publication. This five-month floor is separate from the creditor period, and it catches many families by surprise. The personal representative cannot be forced to distribute before it passes.
- If the will does not grant the personal representative authority to sell real estate, the court must authorize the sale separately. That typically takes 2 to 4 weeks after the petition is filed.
How to sell a probate property in Florida, step by step
Only the court-appointed personal representative has the legal authority to sell real estate during Formal Administration. No one else in the family can sign a contract, no matter how clear the will seems. The sequence looks like this:
- Deposit the original will with the clerk within 10 days.
- File a petition for administration in the circuit court of the county where the property sits. For Jacksonville properties, that is Duval County.
- Obtain Letters of Administration. This is the document that proves your authority to act.
- Review the will for a power of sale. If it grants one, the personal representative can sell without asking the court again.
- Publish the Notice to Creditors and let the claim period run.
- File the estate inventory within 60 days of appointment.
- If the will does not grant a power of sale, petition the court for authorization to sell.
- Complete a final accounting, distribute the assets, and petition to close the estate.
One practical note: once appointed, the personal representative should secure the property right away. Change the locks and make sure the house is protected. Vacant houses attract problems quickly in Florida.
What does probate cost in Florida?
Probate is not free, and the costs come out of the estate before the heirs receive anything. Florida sets attorney fees by statute, so they scale with the size of the estate. The personal representative is also entitled to compensation, although when the personal representative is also an heir, they sometimes waive it. An appraisal of the real property is usually needed as well. On a typical Jacksonville-area estate, the attorney and personal representative fees make up the bulk of the cost.
What if there is no will?
When someone dies without a valid will, the estate is called intestate. Probate still runs, but it usually takes longer. The court must appoint an administrator instead of confirming someone named in a will. No document grants authority to sell real property, so the court’s involvement is greater. The beneficiaries must also be identified and located, which takes time when family members are spread out. Intestate estates in Formal Administration commonly run toward the longer end of the 6 to 12 month range.
The fastest way to sell an estate property
Once the personal representative has authority to sell, the fastest path I see is a direct cash sale. A cash buyer does not need financing, so there are no loan contingencies, no lender appraisal, and no waiting on a bank’s timeline. Cash buyers also purchase as-is, which means no cleaning out the house, no repairs, and no staging. That matters when the house is full of a lifetime of belongings and the heirs live out of state. Worth saying plainly: a cash offer will be below market value. That is the trade for speed and certainty. If the house needs to be cleared before closing, a local estate clean-out service can handle the removal.
FAQs
Can you sell a house while it is in probate in Florida?
Yes, but only the court-appointed personal representative has the authority to sign a contract. If the will does not grant a power of sale, the court must authorize the sale first.
Do bank accounts go through probate in Florida?
Only if they are titled solely in the decedent’s name. Accounts with a payable-on-death designation or a joint owner pass outside of probate.
What is the 10-day rule for probate in Florida?
Whoever holds the original will must file it with the circuit court clerk within 10 days of learning of the death.
Can a beneficiary force the sale of a probate property in Florida?
No. A beneficiary cannot force a sale on their own. The personal representative controls the estate during administration, although beneficiaries can raise objections with the court.
What if the estate property has a mortgage?
The mortgage does not disappear when the owner dies. The personal representative is responsible for keeping the loan current during probate, and the remaining balance is paid off from the sale proceeds at closing.
Conclusion
Florida probate takes 6 to 12 months under Formal Administration and 1 to 3 months under Summary Administration, and the clock is set by legal deadlines that cannot be skipped. If you are handling an estate property in Jacksonville or anywhere in Northeast Florida and want to understand your selling options once authority is in place, I am happy to walk through it with you. That is what I do at Synergy Buys Houses Jacksonville. Sellers submit their property details, receive a no-obligation cash offer within 24 hours, and choose their own closing date, often within days. I buy houses in any condition, cover all closing costs, and charge zero commissions or fees. If you are dealing with this and want to talk it through, please call me at (904) 867-8673.