Florida Probate for Real Estate

When a Florida property owner dies without a probate-avoidance plan, the real estate usually must pass through probate before the heirs can sell or clear title. We guide families through Florida probate with a focus on the property itself, because the deed is often the asset that keeps an estate open. Florida probate is governed by the Probate Code, Chapters 731 through 735.

Why Real Estate Triggers Probate

Property titled in the deceased owner’s individual name, with no trust, survivorship, or enhanced life estate deed in place, generally cannot be transferred until a court appoints a personal representative and the estate is administered. Until then the title is clouded, and buyers and lenders will not touch it. Probate is the mechanism that legally moves the deed to the heirs or beneficiaries.

Summary Administration

Florida offers a streamlined process called summary administration. It is available when the value of the probate estate subject to administration, excluding exempt property like homestead, does not exceed the statutory threshold, or when the decedent has been dead for more than two years. Summary administration is faster and less expensive than full administration and can be a practical path for an estate whose main asset is a modest property. It does not appoint an ongoing personal representative, so it works best for clean, uncontested estates.

Formal Administration

Larger or more complex estates go through formal administration. The court appoints a personal representative who collects assets, gives notice to creditors, pays valid claims and taxes, and distributes what remains. Formal administration is required when someone must actively manage the estate, sell real estate during administration, or address creditor claims. It provides the structure needed when a property must be maintained, rented, or sold before distribution.

Homestead in Probate

Florida homestead receives special treatment in probate. Protected homestead generally passes outside the reach of most creditors and outside the probate estate for many purposes, but the court often still enters an order determining that the property qualifies as homestead so the title is clear. Constitutional rules limit who can inherit the homestead when a spouse or minor child survives, and those rules can override what a will says.

The Elective Share

A surviving spouse in Florida has the right to an elective share, generally thirty percent of the elective estate under section 732.2065. Real estate the decedent owned, including certain property transferred during life, can be pulled into the elective estate calculation. Heirs and personal representatives need to account for this right, because a surviving spouse can elect against the estate even if the will leaves them less.

Clearing and Selling Inherited Property

Once administration is complete, the personal representative or the court conveys the property to the rightful heirs, clearing the title for sale or transfer. We help personal representatives handle deeds, satisfy creditor and tax obligations tied to the property, and close the estate so the family can move forward with the real estate.

Avoiding This Next Time

Probate is exactly what tools like revocable trusts and Lady Bird deeds are designed to avoid. Families who go through it once often plan their own estates to spare their heirs the process.

Speak With a Florida Attorney

This page is general information about Florida probate, not legal advice. Probate outcomes depend on the specific estate, the deeds, and the family situation, so consult a licensed Florida attorney before acting.