Common Situations
We help families with
A home that needs work
Repairs, cleanup, or years of deferred maintenance.
A mortgage that is behind
There is still a loan on the home, and payments have fallen behind.
Several heirs
More than one person needs to agree on price and timing.
Family far away
Heirs live out of state or out of the country.
Bills past due
Property taxes, HOA dues or insurance are behind.
How Probate Affects a Sale in Florida
Five steps before closing
- STEP 1
Probate is opened
A Florida probate attorney files with the circuit court.
- STEP 2
Personal representative appointed
The court issues Letters of Administration that give that person legal authority to act for the estate.
- STEP 3
Authority to sell confirmed
Depending on the will and the court, the personal representative may sell directly or may need a court order. Some courts, including Miami-Dade, may require approval before a sale.
- STEP 4
Homestead reviewed
If the home was the owner's primary residence, Florida homestead rules may control who inherits it and who must sign the deed.
- STEP 5
List, sell and close
We market the home and coordinate with the attorney and title company so the closing meets the court's requirements.
We do not list a probate property until the attorney confirms who has authority to sign.
How We Help
Care, coordination and a clear plan
- An honest market value opinion, as-is and after repairs
- Coordination with the estate's attorney, title company and heirs
- Vendors for cleanouts, repairs and securing a vacant home
- If a mortgage is behind, guidance on whether a regular sale or a short sale fits
- Communication in English and Spanish, and remote signing for family abroad
Inherited Property FAQ
Straight answers
Can we sell the house before probate is finished?
Often you can sign a contract during probate, but closing usually cannot happen until the personal representative has legal authority and the title company is satisfied. Your probate attorney will confirm.
Do we have to keep paying the mortgage?
The loan does not go away when the owner passes. If payments stop, the lender can still foreclose, so it is important to talk to the lender and act early.
What if the heirs disagree?
We can provide a market analysis everyone can see, which often helps families agree on price. Legal disputes belong with your attorney.
Will we owe taxes when we sell?
Inherited property often receives a "stepped-up" tax basis, which can reduce capital gains. Confirm with a CPA.
Request a Confidential Consultation
Tell us a little about your situation. Everything you share stays private. No cost, no obligation, no upfront fees. Se habla español. We are not attorneys or tax advisors and do not provide legal or tax advice.
Our team of professionals will be with you every step of the way, from preparing your home for the sale, to handing the keys to the new buyer.
Jennifer Gomez is a licensed Florida real estate Broker Associate with LPT Realty. CDPE® is a designation of the Real Estate Advancement Institute. Information on this page is general and not legal, tax or financial advice. Results depend on your lender and your situation; no outcome is guaranteed. Consult a Florida attorney and a tax professional about your specific situation.