Selling a House in Probate
Probate is the court process for settling an estate. It can feel unfamiliar, but you can take it one step at a time.
Is probate required?
Not always. It depends on how the property was titled, whether there is a will or trust, and state law. An estate attorney can tell you whether a court case is needed.
Who signs?
When probate is open, a personal representative is usually the person who handles the sale, sometimes with court approval. A title company will want to see the documents that show that authority.
Where cases are handled
Probate is handled through the local court system, usually in the county where the person lived. In our Florida markets, that includes the Eleventh Judicial Circuit in Miami-Dade and the Seventeenth Judicial Circuit in Broward.
How we can help
We can talk through timing with you and your attorney, and we buy houses as-is. You do not need to repair or empty the property before asking about your options.
Also see selling an inherited house.
This page is general information, not legal, tax or financial advice. Rules vary by state and city, so please check with a qualified professional about your situation.
How a Probate Sale Usually Works
- The court appoints a personal representative. This person, often called the executor or administrator, gets documents from the court showing they can act for the estate.
- The representative decides whether to sell. Depending on the state and the will, the court may need to approve the sale or be notified.
- We make an offer to the estate. We buy as-is, so nobody has to clean out or repair the house first.
- The title company reviews the court documents. They confirm who can sign and what the estate owes.
- Closing. Debts, taxes and liens are paid, and the rest goes to the estate for distribution.
Smaller Estates May Have Simpler Options
Missouri, Florida and other states have shortcuts for smaller estates, such as a small estate affidavit in Missouri or summary administration in Florida. Whether one applies depends on the value of the estate and how the property was owned. A probate attorney can tell you in one conversation which path fits.
Questions Families Ask About Probate
Can we sell before probate is finished?
Often yes, once the personal representative has authority. The sale can happen while other parts of the estate are still being handled.
What if one heir does not want to sell?
That can slow things down. The personal representative and your attorney can explain the options. We are happy to talk with all of the heirs together.
Do we have to empty the house?
No. Take what matters to the family and leave the rest. We handle the cleanout after closing.