First, I'm So Sorry for Your Loss
Losing someone you love is hard enough. You don't need to have every answer about the house today. This page walks you through what to do now, what can wait, and how selling during probate really works.
Yes. In most cases, the home can be sold while probate is still open. You don't have to wait until the estate is closed. What you do need first is someone with legal authority to sell, usually the personal representative the court appoints.
Until that happens, nobody can sign to sell. But you can still protect the home, gather information, and find out what it's worth, so you're ready when the time comes.
Every Family's Path Is Different
Choose the one that fits, and I'll show you what to focus on next.
Take a Breath
In the first few weeks, your only job with the house is to keep it safe. Big decisions, like selling, keeping, or renting, can wait until you've talked with an attorney and the family has had time to grieve.
Getting Organized
Once probate is opened, the estate needs a clear picture of its assets. Knowing the home's value early helps the attorney, the personal representative, and the family plan, even if you aren't selling yet.
You're Not Alone
It's very common for siblings to live in different places and feel differently about the house. My job is to give everyone the same clear information, so decisions feel fair and nobody feels left out. That's how I work with every family as a Fort Walton Beach listing agent.
When You're Ready
Once the personal representative has authority to sell, we can prepare the home for market at whatever pace feels right. Many inherited homes sell as-is, and that's perfectly okay. If family lives out of town, that works too: the owner of 2384 Placid Drive had already moved away, and he never had to come back for closing.
A Gentle Checklist
How It Usually Works
Every estate is different, but most follow a path like this.
They'll review the will and explain which type of probate fits.
The court gives them legal authority to act for the estate.
This window is usually about 3 months. The home can often be listed during this time.
The representative signs to sell. Some sales need the judge's approval first.
Bills are paid and heirs receive their share. Many estates take 6 to 12 months in all.
Was this their homestead? Florida has special homestead rules. If the home was your loved one's primary residence, it may pass differently than other property. That can change who signs and whether the house goes through full probate at all. Your attorney can tell you which rules apply.
I'm a REALTOR®, not an attorney. This is general information to help you feel prepared. Please rely on your probate attorney for legal advice about your loved one's estate.
The Hard Parts, Handled With Care
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For Attorneys & Personal Representatives
I work alongside probate attorneys to make the real estate side simple, clear, and respectful for the families you serve.
Let's Connect: 850-855-6899In a Client's Words
“Highly recommend. Nicole consistently goes above and beyond to help with whatever is needed. She’s very kind, professional, and always a pleasure to work with.”
Cory H.Seller · Pensacola, FL
Good Questions
Yes. A house can usually be sold while probate is still open, once the court has given someone legal authority to sell.
That person is usually the personal representative named in the will, or appointed by the court if there's no will. Some sales also need the judge's approval. Your probate attorney will confirm what applies to your loved one's estate.
Many Florida probates take about 6 to 12 months, but simpler estates can move faster and complicated ones can take longer.
Smaller estates may qualify for a shorter process called summary administration. The creditor notice period alone is usually about 3 months. The good news is the home can often be listed before probate is fully finished.
When several heirs share a home, they need to agree on what to do with it, and the personal representative handles the sale.
It's very normal for siblings to see things differently. I give everyone the same information, and I can walk through options like selling, keeping, or having one heir buy out the others. If there's a serious disagreement, your attorney is the right person to guide the next step.
Usually the estate. The mortgage, property taxes, insurance, HOA dues, and utilities still need to be paid while probate is open.
Keeping these current protects the home's value and avoids late fees or liens. If the estate is short on cash, talk with your attorney early, because selling sooner can sometimes help.
Already found liens on the title, like back taxes or code fines? Here's how liens get paid when you sell →
Often less than people expect. Inherited homes usually get a "stepped-up" tax basis, meaning the value is reset to what it was worth when your loved one passed.
If the home sells for close to that value, there may be little or no capital gains tax. Every situation is different, so please confirm with a CPA or tax professional. A market value from around the date of passing can be helpful to have.
If the home was your loved one's primary residence, Florida's homestead rules may apply, and they can change how the house passes to heirs.
Homestead property is often protected from most creditors and may pass outside the usual probate steps, especially if there's a surviving spouse or minor child. These rules are technical, so your probate attorney is the best guide here.
The loan usually becomes due after the borrower passes away, and the heirs get time to decide whether to sell, pay it off, or let the lender take the home.
Lenders typically send a notice soon after the passing, and heirs often have about 30 days to respond, with extensions possible while you sell. If the home is worth less than the loan, heirs can usually sell it for 95% of the appraised value. Reach out to the loan servicer early, and I can help you understand the home's value.
Yes. Many inherited homes are sold as-is, and you don't have to fix up the house first.
Belongings can be sorted, donated, or cleared at whatever pace works for the family, and I can connect you with people who help. Anything left at closing should be agreed on in the contract, so we'll plan that together.
Every Situation Is Different
Other Selling Situations
Next Steps
There's No Rush
Maybe you just have one question. Maybe you want to know what the home is worth before the family decides anything. Either way, reach out at your own pace.