Understanding Florida Probate

by Elizabeth S. SW-Florida Realtor

Probate can feel complicated, especially when property spans across multiple states. Here’s a simple explanation:

I often work with families, personal representatives, and attorneys through this process, so I want to share a simple, straightforward overview to help you understand what to expect and the options available to you.

What is Probate — in normal English?

Probate is a court-supervised process that:

Validates the will (if there is one)
Identifies heirs
Pays off debts
Distributes remaining assets to beneficiaries

In Florida, real estate cannot be sold during probate unless the court grants permission, and depending on how the property was titled, it may not need probate at all.

When does a property NOT need probate?

Sometimes, real estate passes automatically. Probate may not be required when:

The deed has a survivorship clause
The property is titled as Joint Tenants with Rights of Survivorship (JTWROS)
The deed was titled Husband & Wife as Tenants by the Entirety
The home is in a trust

If any of these apply, the surviving party usually becomes the complete owner instantly.

Domiciliary vs. Ancillary Probate

Domiciliary Probate happens in the state where the deceased lived permanently. For Florida residents, this means probate is opened in their Florida county of residence and covers all in-state property.
Ancillary Probate is required when the deceased owned property in another state. For example, if a New York resident owned a Naples condo, probate would be opened in New York (domiciliary) and in Florida (ancillary) to handle the Florida property.

How They Work Together

These categories often overlap:

A Florida resident with out-of-state property may need domiciliary probate in Florida plus ancillary probate elsewhere.
A non-resident with Florida property will need ancillary probate here, which may be handled formally or summarily depending on value and timing.
Estates more than two years old may qualify for summary administration, even if larger.

Selling a home in probate

Yes — you can sell, but there’s a process.

The court appoints a personal representative (PR). That PR can then hire a Realtor and authorize the sale, but many documents need to be signed by the attorney and PR.

Necessary: The buyer, title company, and closing must comply with the court's requirements. Not every agent knows how to handle probate contracts and timelines… so choose someone experienced.

How I help families locally

I guide families step-by-step through:

Proper property valuation in the current SWFL market
Connecting you to reputable local probate attorneys (if you need one)
Helping heirs understand timelines & expectations
Coordinating access, repairs, clean-outs, donations, and estate sale resources
Positioning the sale to maximize net proceeds to the heirs

My job is to protect the heirs’ best interests, not rush the sale.

And if keeping the property is a better option (renting long-term, using it seasonally, or even turning it into an Airbnb), I’ll explain those paths, too.

There’s no pressure and no obligation, just clarity. You can call, text, or message me anytime. 239 370 5988

I’m local. I’m experienced. And I’m here to make this easier.

P.S. If you are thinking of selling the probate property, I can also prepare a free, no-obligation value report so you can see exactly what the home could sell for today.