Sell a House in Probate in Florida — Cash Offer, We Handle the Complexity

How Florida Probate Sales Work — And How We Simplify Them

When someone passes away in Florida and owns real property, that property must go through probate before it can be sold — unless it's held in a trust, has a beneficiary deed (Lady Bird deed), or is jointly owned with right of survivorship. For everything else, the Florida probate process governs the sale.

Under Florida Statute §733.612(5), a personal representative (PR) has the power to sell real property during probate. However, under §733.613(1), if the will does not specifically grant this power, the PR may need court approval. This distinction matters because court approval adds weeks to the timeline.

Offer SRQ works with your probate attorney to determine whether the PR has independent authority to sell. If they do, we can close as soon as the title company issues a clean title commitment. If court approval is needed, we submit our offer and wait for the judge's order — typically 2–4 weeks in the 12th Judicial Circuit (Sarasota, Manatee, DeSoto) or 20th Judicial Circuit (Charlotte, Lee, Collier, Hendry, Glades).

Capital gains on inherited property: Inherited real estate in Florida receives a stepped-up cost basis to the fair market value at the date of the decedent's death (IRS Publication 559). This means if you sell shortly after inheriting, your capital gains tax liability is typically minimal or zero. Florida has no state income tax, so federal capital gains is the only concern.

Common probate complications we handle: creditor claims against the estate (Fla. Stat. §733.707 establishes property taxes as Class 3 priority), multiple heirs who disagree on the sale, out-of-state PRs who can't manage the property, deferred maintenance during the probate period, and title issues from outdated wills or intestate succession.