Guide hub · Inherited & probate houses · Tampa Bay
Every guide we have on selling an inherited or probate house in Pinellas and Hillsborough, in the order the questions come up.
The short answer
Most inherited Florida houses pass through probate before they can be sold. Summary administration is available when the estate subject to administration, less exempt property, is $150,000 or less, or when the person died more than two years ago (Florida Statutes 735.201); otherwise it’s formal administration. The personal representative signs the sale: with a will that grants a power of sale, no separate court order is needed; otherwise the court authorizes or confirms it (733.613). Protected homestead follows its own rules. Find your situation below.
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Each situation links to the guide that answers it.
From the Florida Probate Code (2026 editions, read November 7, 2026):
| Question | What the statute says |
|---|---|
| Is summary administration possible? | Yes if the estate subject to administration in Florida, less property exempt from creditors’ claims, is $150,000 or less, or the decedent has been dead more than 2 years (735.201). |
| Who can sell the house? | The personal representative. If the will grants a usable power of sale, no court order is needed; otherwise the representative asks the court to authorize or confirm the sale (733.613). |
| Is the homestead an estate asset? | No. All of the decedent’s Florida property except the protected homestead is an asset in the representative’s hands (733.608). The representative may take possession of an unoccupied homestead only to preserve, insure and protect it. |
| Who inherits a homestead with no valid devise? | It descends like other intestate property, but if a spouse and descendants survive, the spouse takes a life estate and the descendants take the remainder (732.401). |
Your probate attorney confirms which rules apply to your case; this is general information, not legal advice.
We count new estate administrations in Pinellas and Hillsborough every week from the Clerks’ public dockets, aggregates only: probate filings by week, with the time from death to filing.
An inherited house can usually be sold while the probate case is still open; taxes, liens and the mortgage are paid from the proceeds at closing. AL works with personal representatives, heirs and their probate attorneys, and waits on the court when the estate needs to. We buy many homes with our own cash; on some deals we partner with a vetted local investor, and we tell you upfront, in writing, before you sign. We are not real estate agents or attorneys; this page is general information, not legal advice.
Often, yes. Once the court appoints a personal representative, the representative can sign. If the will grants a power of sale, no separate court order is needed; otherwise the court authorizes or confirms the sale (Florida Statutes 733.613).
A shorter probate available when the estate subject to administration in Florida, less exempt property, is $150,000 or less, or when the person has been dead more than two years (735.201).
Not for paying the estate’s debts: Florida law makes all of the decedent’s property except the protected homestead an asset of the personal representative (733.608). The homestead passes under its own rules (732.401).
With no valid devise, the surviving spouse takes a life estate and the descendants take the remainder (732.401), unless the spouse elects the alternative the statute allows.
No. HomeSellerCashOffer is not a real estate agent or broker. We buy houses as Tampete Homes LLC, many with our own cash; on some deals we partner with a vetted local investor, and we tell you upfront, in writing, before you sign. Closings run through a licensed Florida title company.
AL Cakici · Owner, HomeSellerCashOffer (Tampete Homes LLC)
AL buys houses in Pinellas, Hillsborough and Pasco, many with company funds and has personally purchased and assisted with 100+ transactions over 10+ years across the country. He is not an attorney; this page is general information drawn from the sources listed above, not legal advice. Facts checked against those sources on the dates listed.
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