How to sell an inherited house in Miami-Dade during probate

Published October 27, 2026 · Updated October 27, 2026

Photo: LBM1948 / Wikimedia, CC BY-SA 4.0

Can you sell a house during probate in Miami-Dade?

Not legal advice. For your specific case, talk to a Florida probate attorney.

Where you probably stand

• A parent or relative died, the house is still in their name, and nobody has opened probate yet.
• Probate is open, a personal representative (Florida’s term for an executor) has been appointed, and the family would rather sell than keep the house.
• Several siblings inherited and not everyone agrees on what to do.
• The house needs work and sits empty while the taxes, insurance and utilities keep coming.

Step 1: Does the house have to go through probate?

Pull the deed before anything else. Search the owner’s name or the address on the Miami-Dade Property Appraiser site to get the folio number, then find the recorded deed in the Clerk’s official records.

• Joint tenants with right of survivorship, or a married couple as tenants by the entirety: the surviving owner usually already owns the house, and probate is often not needed for it. Florida’s homestead inheritance rule in section 732.401 does not apply to property held this way.
• A living trust: the successor trustee can usually sell without probate.
• A life estate deed or “lady bird” deed: the named remainder beneficiaries usually take the house outside probate.
• In the person’s name alone: the house goes through probate. Keep reading.

Step 2: Summary or formal administration - which one fits?

Florida has two main tracks.

Summary administration (faster). Under Florida Statute 735.201, an estate can use summary administration if the will (if there is one) does not call for formal administration, and either:

• the estate in Florida is worth $150,000 or less, not counting property that is exempt from creditors, such as protected homestead, or
• the person has been dead more than 2 years.

The $150,000 figure is new. The Legislature raised it from $75,000 in chapter 2026-57, which took effect July 1, 2026. Plenty of websites still say $75,000.

The new law itself does not say which deaths it covers. The Miami-Dade probate court’s own checklists (CC-01 and CC-02, revised July 2026) apply $75,000 when the death was before July 1, 2026 and less than 2 years ago, and $150,000 when the death was on or after July 1, 2026. So if your family member died before July 1, 2026, plan on the old $75,000 limit unless a probate attorney tells you otherwise.

One thing to know before choosing this track: summary administration has no personal representative. The petitioner has to search for the person’s creditors and serve them before the court signs the order, and the order then hands the property straight to the people entitled to it. If a valid creditor claim turns up later, those people can be personally on the hook for their share, up to what they received. Once the order is entered, a good-faith buyer who pays for the house takes it free of the person’s creditor claims (section 735.206).

The court’s 2026 instructions list a $346 filing fee and certified copies at $2 per order plus $1 per page. The Probate Clerk is at 20 NW 1st Ave, Suite 6.223, Miami, FL 33128 (305-349-7490), and personal checks are not accepted. Attorneys e-file through the Florida Courts E-Filing Portal, but original wills and original death certificates still have to be filed in person with the Probate Clerk. The court asks for the death certificate within two working days of e-filing the case.

Formal administration (longer). Larger estates, estates with disputes, or estates where the will requires it go through formal administration. The court appoints a personal representative and issues Letters of Administration, the document that lets that person act for the estate.

Step 3: Does a judge have to approve the sale?

Florida Statute 733.613 splits this two ways:

• If the will gives the personal representative a power to sell real property, or a general power to sell estate assets, the personal representative can sell the house without court approval.
• If there was no will, or the will gives no power of sale, the personal representative can still sell, but title does not pass until the court authorizes or confirms the sale. Plan time for a petition and an order.

When the sale happens under a power of sale or a court order, the buyer takes title free of claims by estate creditors and beneficiaries. Existing mortgages and other liens on the house are not affected and still get paid at closing.

Step 4: Who inherits the house if it was a homestead?

If the house was the person’s primary residence, Florida’s homestead rules may change who inherits it.

• If the person left a spouse and children, and the house was not left by will in a way the law allows, section 732.401 gives the spouse a life estate, with the children holding the rest. The spouse can instead elect to take a one-half interest as a tenant in common. That election has to be made within 6 months of the death by recording a notice of election in the county records, and it cannot be undone.
• Protected homestead generally passes directly to the heirs and is usually not available to pay the estate’s general creditors.
• Title companies commonly want a court order determining homestead before they will insure a sale. The Miami-Dade court has separate homestead forms and a homestead checklist for this.
• Selling homestead usually means every heir who holds an interest signs the deed, not just the personal representative. If one sibling will not sign, the sale stalls.

Step 5: How long do creditors have to file a claim?

In a formal administration, the estate publishes a notice to creditors. Under Florida Statute 733.702, most claims have to be filed within 3 months after the first publication, or 30 days after a creditor is served with the notice, whichever is later. Under section 733.710, most claims are barred 2 years after the death no matter what.

Title companies and buyers often wait for the creditor period to run, or want the sale done under a court order, so nobody shows up later with a claim against the house. These deadlines do not wipe out mortgages or recorded liens. Those get paid from the sale.

Step 6: What happens to the homestead exemption and taxes?

The Miami-Dade Property Appraiser says that if an owner dies after January 1 and the house was their permanent residence on that January 1, the homestead exemption can be inherited for that year only. After that, a new owner who lives there has to file their own application. If you are waiting on an order determining homestead, the office says to file the application anyway, because the exemption is not retroactive if you miss March 1. In some cases you have to tell the office about the death so it can cancel the exemption.

Don’t let an old exemption ride. The Property Appraiser warns that owners who don’t report a change in status can be back taxed for up to 10 years of exempted taxes, plus 15% interest a year and a 50% penalty.

Expect the tax bill to go up after the house changes hands. While someone has a homestead exemption, Save Our Homes caps the yearly increase in assessed value at 3% or the change in inflation, whichever is lower. Under section 193.155, a change of ownership resets the assessed value to full market value the next January 1. There are exceptions, such as a transfer to a surviving spouse or a homestead passing to a minor child under section 732.401, so check with the Property Appraiser. Either way, run the holding costs before deciding to keep an empty house.

Step 7: Keep it, list it, fix it or sell it as-is?

1. Keep it, or rent it out. You don’t have to sell. One heir can buy out the others, or the family can rent it. Plan for the higher tax bill after the ownership change, insurance for a rental, and repairs.
2. List it with an agent. Usually the highest price when the house is in good shape and the heirs can wait through showings, repairs, inspections and buyer financing. Expect commissions and closing costs.
3. Fix it up, then list. Can raise the price, but someone has to front the repair money and manage contractors while the estate pays taxes, insurance and utilities.
4. Sell as-is for cash. A lower price than a retail listing, but no repairs, no cleanout, no showings, and a closing date that fits the probate timeline. It tends to fit when the house needs work, the heirs live out of town, or siblings want a clean split.

Whichever you pick, get the probate paperwork in order first. A buyer can only close as fast as the title company can insure the deed.

Not sure which one fits your family? Ask a question. It's free, and you can just ask a question.

How much does probate cost in Miami-Dade, and how long does it take?

• Summary administration filing fee: $346 in Miami-Dade, plus certified copies at $2 per order and $1 per page (2026 court instructions).

• Creditor period in formal administration: 3 months after the notice to creditors is first published, or 30 days after a creditor is served, whichever is later.

• Outside limit on most claims: 2 years after the death.

• Spouse’s homestead election: within 6 months of the death.

• Attorney fees: Florida law sets a presumed reasonable fee for the estate’s attorney in a formal administration, based on the estate’s value (section 733.6171). It’s $1,500 for an estate up to $40,000, $2,250 up to $70,000, $3,000 up to $100,000, then 3% of the value from $100,000 to $1 million. Selling real estate and sorting out homestead count as extra services and can cost more. You can negotiate the fee.

  Example: a house and bank account worth $300,000 together. The presumed fee is $3,000 for the first $100,000 plus 3% of the other $200,000, which is $6,000. That makes $9,000 before any extra work for the sale or the homestead order.

In a formal administration, the creditor window alone runs at least 3 months after the notice to creditors is first published, so most sales close after that (section 733.702). Estates with a will that gives a power of sale, no homestead question and no disputes tend to reach a closing soonest.

Common mistakes

• Signing a listing or sale contract before anyone has authority. Nobody can sign for the estate until the court appoints a personal representative or enters the summary administration order.
• Assuming the will controls the homestead. Florida limits how homestead can be left when there is a surviving spouse or minor child.
• Leaving the house vacant without telling the insurance company. Some policies limit coverage on vacant homes, so ask.
• Trusting an old article that says $75,000 for every summary administration, or a new one that says $150,000 for every death.
• Throwing out papers during the cleanout. Look for the original will, deeds, mortgage statements, tax bills and insurance policies first.

What to have ready

• The death certificate. The court wants the original within two working days of e-filing the case.
• The original will, if there is one. It has to be filed in person with the Probate Clerk.
• The deed and the folio number from the Miami-Dade Property Appraiser site.
• The probate case number, and the Letters of Administration or the summary administration order once you have them.
• The latest mortgage statement, if there's a mortgage.
• The most recent property tax bill.
• Any code violation, lien or utility letters sent to the house.
• The homeowner's insurance policy, and whether the insurer knows the house is empty.
• Names and contact details for every heir, and for the probate attorney if you have one.